Products Liability Practice Exam In 1985, Jacob purchased an in-ground (as contrasted with above-ground) swimming pool for his back yard. The pool was manufactured by Aqua, Inc. While most pool manufacturers make their pools’ external surfaces out of plaster, Aqua used what was a new material in 1985 called “onex” for its pools’ external surfaces. Unlike plaster, onex does not chip or stain over time. It is also more algae resistant and easier to maintain than plaster, and it makes the pool up to ten degree warmer than does plaster. Onex is slightly more expensive, however, and comes in only one color: black. Thus, the surfaces of pools made with onex are black, rather than the traditional white or light blue. Until 1992, the technology did not exist did not exist to make onex any color other than black; as of 1992, white, light blue, and pink became available. In onex pools that are black, the water in them looks black too, which makes gauging the depth of the pool more difficult to swimmers than in traditional pools with white or light blue colored surfaces. The oval-shaped Aqua pool Jacob purchased was five feet deep in all areas --it did not have a deep or shallow end. It also did not have a diving board or slide. On the sides of the pool, just above the water surface were a total of six evenly-spaced tiles bearing the number 5, the intent of which was to indicate that the water was five feet deep. The tiles themselves were two inches high, and the number 5 was in white lettering and one inch high. Jacob’s pool was the only one in his neighborhood, and from the beginning he was always willing to let the neighbors and their children swim in it for free. As of January of 2000, approximately one hundred friends and neighbors had safely used Jacob’s pool. In January of 2000, Jacob went away for the weekend and asked a friend named Bill to stay at his house while he was gone. Bill had been in Jacob’s home many times before for pool parties and other social occasions. On this occasion, neither Jacob nor Bill said anything about the use of the pool. While Jacob was gone, Bill invited a business associate named Larry (whom Jacob had never met) to come over to Jacob’s house for a swim. Upon arrival, Larry went to the restroom to change into his swim trunks while Bill prepared a few drinks in the kitchen, which was located on the opposite end of the house from the pool. While Bill was still in the kitchen, Larry yelled as he was exiting the restroom “last one in the pool is a Loyola law student” and proceeded to take a running leap into the pool. Larry, who was 6'8" entered the pool head first (perpendicular to the water). While his hands were in front of him, Larry did not expect the pool to be so shallow (it looked deep) and his arms were not completely flexed when his hands hit the bottom. Consequently, his arms buckled and he cracked his skull on the bottom of the pool. In early February 2000, Jacob noticed that the water level in the pool began receding about six inches per day. After three days of noticing the water level recede, Jacob discovered a leak in the bottom of the pool. The leak, which was unrelated to Larry’s incident, occurred because the onex at the point of the leak was thinner than it was supposed to be, causing a crack to develop. Jacob had purchased the onex pool on the recommendation of a friend, who was unassociated with Aqua, Inc. Please discuss the following two issues: 1) All products liability claims that Larry might have against Aqua, Inc. for the injury to his head, and 2) All products liability claims that Jacob might have against Aqua, Inc. for the leak in his pool.