11-19-07 A-5953-05T5
Despite manufacturer's warnings in the owner's manual and
oral warnings by the retail seller at time of sale, plaintiff
attempted an extreme jump on his sports all terrain vehicle
(ATV), resulting in serious injury. We affirmed the summary
judgment dismissal of his product liability failure-to-warn
lawsuit, finding the expert's opinion on the need for on-product
labeling a net opinion based on neither epidemiological data or
empirical research linking such need to the magnitude of the
risk associated with jumping.
We also found no basis for the expert's other opinion that
Honda's promotional marketing of its ATV sent a "mixed message"
to consumers, resulting in their failure to heed the warnings
actually given. Although in some circumstances counteracting
representations may nullify an otherwise suitable warning, here
there was no evidence that Honda promoted its product in such a
manner, and furthermore Honda was not responsible for general
depictions appearing elsewhere in the media. Nor was Honda
under a duty, as suggested by plaintiff's expert, to instruct on
how to "safely" jump its ATV, that is to instruct on how to use
a product in a manner the manufacturer has expressly warned
against.
Lastly, we upheld the dismissal of plaintiff's negligence
action against the seller, finding that the Product Liability
Act is the exclusive remedy for personal injury claims arising
out of product use.
