|
4235 Failure to equip a personal watercraft with a safety strap or other device to prevent passengers from being ejected rearward into the high pressure stream created by the jet nozzle, thereby increasing the risk of orifice injuries, made the craft defective; primary assumption of the risk did not prevent the imposition of liability; in apportioning fault under Proposition 51, a jury may not consider the possible fault of a former defendant who was dismissed from an action.
FORD v POLARIS (Personal Watercraft) 139 CA4 755 [See: Knight v Jewett 3 C4 296, T/AT 10/92; Milwaukee Elec v Superior Court 15 CA4 547, T/AT 7/93; Bunch v Hoffinger 123 CA4 1278, T/AT 12/04]
|
|