v. R.J. Reynolds Co., I2I N.J. 69, 577 A.2d I239 (I990). The majority of courts hold that “state of the art” refers to scientific knowledge and technical ability, while “custom of the industry” means what the industry was doing at the time. Id. 17. An embossed vinyl liner fit, above a shallow bed of sand and w/i the outer structure then it was filled with water to a level of approx 3.5 ft. 3. Society often helps those who cannot help themselves. State-of-the-art or "the very safest product of that type which [an] industry could define at the time of manufacture" "is defined as a product for which there was no reasonable alternative design." O’Brien v. Muskin Corp., supra, 94 N.J. at 181. The Washington Post, February 1, 1988, at E2, col. 1; Cipollone v. Liggett Group, Inc., No. O'Brien v. Muskin Corp., 94 N.J. 169 , 181-83, 463 A.2d 298 (1983). San Angelo Foundry & Mach. The above-ground swimming pool was marketed by, Muskin Corporation, the defendant. The safety aspects of the product-the likelihood that it will cause injury, and the probable seriousness of the injury. - A manufacturer may have a duty to make products pursuant to a safer design even if the custom of the industry is not to use that alternative. If you are interested, please contact us at [email protected] 11 See, O’Brien v. Muskin Corp., 94 N.J. 169, 463 A.2d 298 (N.J. 1983) (swimming pool) (“The evalu-ation of the utility of a product also involves the relative need for that product; some products are essentials, while others are luxuries. Broad … By the mid-1980s, concern for the hapless consumer had begun to be tempered by concern for the manufacturer. Nevada has […] For ex-ample, when consumers lack the expertise and resources to evaluate a product's safety, most people agree that the community should protect them by requiring adequate warnings, safe designs, or mea-sures against manufacturing flaws. Gun Control Through Tort Law . O'Brien v. Muskin Corp., 94 N.J. 169, 182, 463 A.2d 298 (1983). L.J. O’Brien v Muskin Corp., 94 N.J. 169, 463 A.2d 298 (1983) Facts: In this case the plaintiff, Gary O’Brien was injured after he dove into a swimming pool at the home of Jean Henry. traditional products liability law in O'Brien v. Muskin Corp., 14 holding that in the absence of an alternative design, a jury may find a prod-cigarette design. A product that fi lls a critical need … 1986), Montana Supreme Court, case facts, key issues, and holdings and reasonings online today. See O'Brien v. Muskin Corp., 463 A.2d 298, 304 (N.J. 1983) (noting that an injury-causing product is defective if it fails to conform to the manufacturer's own standards or to other units of the same kind). 1990) Omaha Public Power District v. Employer's Fire Insurance Co. 327 F.2d 912 (1964) A 23-year-old plaintiff, O’Brien, dove into a 4 foot above ground pool. Richard C. Ausness, Gun Control Through Tort Law: A Reply to Professor McClurg, 68 Fla. L. Rev. “State of the Art” Defined There is often confusion about the term “state of the art” vs. “custom of the industry. when a state of the art defense is allowed; see for instance comment on O'Brien v. Muskin Corp. 94 N.J. 169, 463 A.2d 298 (1983) in Frumer & Friedman §2.26, where opinion based on state of the art determination is criticized due to "injection of negligence principles into a … Professor Wade first proposed the adoption of a risk-utility formula for resolving design defect cases. We are looking to hire attorneys to help contribute legal content to our site. Failure to meet the standard proves the defect. As noted, the only "defect" in defendant's product was the alleged failure to warn. Ct. N.J., 94 N.J. 169, 463 A.2d 298 (1983) NATURE OF THE CASE: Muskin (D) appealed the order of the Superior Court, which remanded the case to the trial court for a new trial in which the jury was to consider the evidence presented as to the allegation of D's product's design defect. The usefulness and desirability of the product-its utility to the user and to the public as a whole. 94 N.J. 169, 463 A.2d 298 . It was 20 x 24 x 4 ft. 2. O’Brien v. Muskin Corp., 94 NJ 169 (1983), and Feldman v. Lederle Laboratories, 97 NJ 429 (1984), and Fischer v. Johns-Manville Corp. 103 NJ 643 (1986). In sum, New Jersey's strict liability law judges a manufacturer not by its compliance with any one requirement, but rather on the basis of all the myriad facts which are potentially relevant to the ultimate question of whether it acted reasonably in placing its product on the market. O’Brien suffered from serious personal injuries after diving into the swimming pool. O'Brien v. Muskin Corp. State of the art not dispositive. in this field.7 For example, Beshada v. Johns-Manville Products Corp. held that manufacturers could be liable for failure to warn of risks that the plaintiff could not prove they knew or should have known at the time of marketing;' O'Brien v. Muskin Corp. permitted plaintiffs to declare an entire product category defective;'9 and Perez v. O’Brien v. Muskin Corp., 94 N.J. 169, 181 (1983). The bottom of the pool was vinyl, and his hands slipped on the vinyl and he hit his head, sustaining injuries. O'Brien v. Muskin Corp., 94 N.J. 169, 179, 463 A.2d 298 (1983). Prior to the statute, the state-of-the-art defense had been deemed irrelevant for warning purposes under Beshada v. Johns-Manville Products Corp., 90 N.J. 191 (1982), but was then declared to be a relevant factor in O’Brien v. Muskin Corp., 94 N.J. 169 (1983). O'Brien v. Muskin Corp., 94 N.J. 169, 182 (1983). April 21, 1988) (LEXIS, Genfed library, Dist file). A product may be defective even if it meets the state of the art in that industry. The court held in O'BRIEN that a plaintiff need not offer preliminary proof that a product is defective. muskin corp., 94 n.j. 169, 463 a.2d 298 (1983). He is suing to recover damages for defective design and for inadequate warnings. 2. Rptr. John W. Wade, On the Nature of Strict Tort Liability for Products, 44 Miss. Forum 83-2864 (D.NJ. Finally, … O'Brien v. Muskin Corp., 94 N.J. 169, 181, 463 A.2d 298, 304 (1983). As Justice Pollock stated in O'Brien [v. Muskin Corp., 94 N.J. 169, 183, 463 A.2d 298 (1983) ], “[w]ith those products, the determination of liability may be achieved more appropriately through an evaluation of the adequacy of the warnings.” at 239 (adopting in part a "risk-utility" test) and O'Brien v. Muskin Corp., 94 N.J. 169, 181-82, 463 A.2d 298, 304 (1983) (same). O’Brien v. Muskin Corp. Supreme Court of New Jersey, 1983. O'Brien v. Muskin Corp. Supreme Court of New Jersey, 1983 94 N.J. 169, 463 A.2d 298 Pg. 1997) 14 Schmidt v. Boardman, 958 A. Information compiled and used by members of the swimming-pool industry, including the safety boards for that trade, concerning frequency of serious injuries resulting from diving accidents is precisely the kind of information that might assist a jury in determining the safety of the product. If you have been injured by a product or by the negligence of another, contact the Ginarte Law Firm today at … See generally W. Page Keeton, The Meaning of Defect in Products Liability Law-A Review of Basic Principles, 45 Mo. " See, O'Brien v. Muskin Corp., 94 N.J. 169,463 A.2d 298 (N.J. 1983) (swimming pool) ("The evalu ation of the utility of a product also involves the relative need for that product; some products are essentials, while others are luxuries. 2d 498 (Pa. Super. 825, 834-35 (1973). O'Brien v. Muskin, 94 N.J. 169 , 182, 463 A.2d 298 (1983). To the extent that the "risk-utility analysis" implicates the reasonableness of the manufacturer's conduct, strict liability law continues to manifest that part of its heritage attributable to the law of negligence. According to that view, if a jury decides that the risks involved in the product's use outweigh its utility, the product is defective and the manufacturer is liable for selling an unavoidably unsafe product. Co., supra, 81 N.J. at 170-71, 406 A.2d 149 [1979] and O'Brien v. Muskin Corp., supra, 94 N.J. at 181-82, 463 A.2d 298, as endorsed the application of the "risk-utility" analysis when a plaintiff is unable to establish a defect under the "consumer expectations" test. Hennessey v. Coastal Eagle Oil, 129 N.J. 81 (1992) (Wrongful Discharge At-Will Employee) Allstate Insurance Company v. Malec, 104 N.J. 1 (1986) (Insurance Exclusion-Intentional Acts) O'Brien v. Muskin Corporation, 94 N.J. 169 (1983) (Products Liability Risk Utility Analysis) New Jersey Appellate Court Reported Decisions: Lodato v. CHARGE 5.40D-3 ― Page 10 of 20 . Relevant Facts. Mr. Henry bought a Muskin pool and assembled it in his backyard. They include: 1. 16 Rutherford, supra note 10, at 224-25; see also, e.g., Dewey v. R.J. Reynolds Tobacco Co., 577 A.2d 1239 (N.J. 1990) (interpreting state common law to permit a plaintiff to pur-sue a design defect claim by showing that the risks posed by a product outweigh the value of the product's utility). O'Brien v. Muskin Corp. Case Citation: 463 A.2d 298: Year: 1983: Facts: 1. o'brien v. muskin corp. Sup. Written and curated by real attorneys at Quimbee. The Supreme Court, however, quickly backed away from this position in O’Brien v. Muskin Corp., 94 N.J. 169 (1983) and Feldman v. Lederle Labs, 97 N.J. 429 (1984), but still permits the shadow of this rule to be applied in its original setting of asbestos cases. Get Rix v. General Motors Corp., 723 P.2d 195 (Mont. Notes/Citation Information . Olympia Hotels Corp. v. Johnson Wax Development Corp. 908 F.2d 1363 (7th Cir. 3. See Feldman v. Lederle Labs., 479 A.2d 374, 385 (N.J. 1984) (noting three types of defects) (citing O'Brien v. Muskin Corp., 463 A.2d 298, 304 (N.J. 1983)). O'Brien v. Muskin Corp., 463 A.2d 298 (N.J. 1983) 14 Riley v. Warren Mfg., Inc., 688 A.2d 221 (Pa Super. O'Brien v. Muskin Corp., 94 N.J. 169, 181 (1983). 750 Plaintiff, O'Brien, dove into a swimming pool manufactured by defendant, Muskin Corp., and was seriously injured. Gun Control Through Tort Law: a Reply to professor McClurg, 68 Fla. L. Rev into swimming... New Jersey, 1983 94 N.J. 169, 181 ( 1983 ) ft. 2 Law: Reply... A swimming pool manufactured by defendant, Muskin Corporation, the only `` defect '' in defendant product! And reasonings online today ( I990 ) 14 Schmidt v. Boardman, 958 a of the injury in 's... 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