Florida District Courts of Appeal, 1980

Leisure v. Coleco Industries

Leisure v. Coleco Industries
Florida District Courts of Appeal · Decided December 9, 1980 · Hendry, Nesbitt, Schwartz
390 So. 2d 1229; 1980 Fla. App. LEXIS 18189 (Southern Reporter, Second Series)

Leisure v. Coleco Industries

Opinion of the Court

PER CURIAM.

The trial court properly refused appellant’s requested strict liability instruction. See Skaggs v. Clairol, Inc., 6 Cal.App.3d 1, 85 Cal.Rptr. 584 (Ct.App. 1970). In so ruling, we reject appellant’s claim that appel-lee’s sale of the pool and slide as a unit constituted sale of a “product in a defective condition unreasonably dangerous to the user... . ”

The remarks made by counsel and the bench, if error, were harmless.

Affirmed.

Concurring Opinion

SCHWARTZ, Judge

(specially concurring).

I would not reach the question of the applicability vel non of the strict liability doctrine, because the fact that the jury was *1230charged on both negligence and breach of warranty rendered the failure to give the plaintiffs requested strict liability instruction no more than harmless error. Sansing v. Firestone Tire & Rubber Co., 354 So.2d 895 (Fla.4th DCA 1978), cert. denied, 360 So.2d 1250 (Fla. 1978). I otherwise agree to affirmance.

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