Glittenberg v. Doughboy Recreational Industries

ON REHEARING

Boyle, J.

In these cases, we confront again the scope of the duty to warn. The issue is whether summary disposition was properly granted in favor of the defendant manufacturers and sellers on the basis that they had no duty to warn of the danger of a headfirst dive into the shallow water of an aboveground pool, which the parties do not dispute *385is a simple tool,1 that is, a product all of whose essential characteristics are fully apparent.

The lengthy factual and procedural background for this inquiry is set forth in the appendix. In brief, each plaintiff sustained tragic injuries…