In Traina v. Pioneer Family Pools (Hamilton) Inc., 2025 ONSC 3533, the Plaintiff commenced a product liability action against a manufacturer and supplier for alleged deficiencies in a pool cover that she inadvertently walked on. The action was rooted in negligence and a breach of the Sale of Goods Act. The Plaintiff argued, among other things, that the Defendants’ conduct fell below the standard of care by failing to ensure that the pool cover was equipped with adequate safety markings. The Plaintiff also retained an expert to opine on the deflection levels of the cover when stepped on by an adult.
The Defendants moved for summary judgment, arguing that there are no genuine issues requiring a trial on the issue of liability. The Defendants contended that no evidence exists that establishes a breach of the applicable standard of care. The Defendants pointed to manufacturing testing completed by the manufacturer on an equivalent cover which showed compliance with ASTM International standards. The Defendants also argued that (1) the cover was equipped with a standard warning label advising patrons to ‘STAY OFF COVER’, (2) the Plaintiff admitted that she had read the warning label prior to the incident, (3) the Plaintiff knew that the cover would flex with the application of weight, (4) the Plaintiff had adequate room to navigate her backyard without having to step on the cover, and (5) the Plaintiff admitted that she stepped on the cover inadvertently.
The court agreed with the Defendants that the Plaintiff failed to establish any evidence establishing a breach of the applicable standard of care, and that regardless, she would be unable to establish causation between the cover and her injuries on the basis that she fell due to her own inadvertence.
Traina v. Pioneer Family Pools (Hamilton) Inc., 2025 ONSC 3533