No More Party

Q: One summer night, I attended a party with my girlfriend. We left the party with a couple of boys we had met, stopped at a local bar/restaurant, and proceeded to the home of the tall one to swim. He announced that a ritual existed whereby I must enter the pool for the first time by diving from the top of the pool slide. On another side of the pool, stood the diving board. There was only a light on the back porch. The underwater light was off. I could just barely see the steps of the slide ladder. I could not see my new friend, who was already in the pool, chatting with my girlfriend. Nor could I tell the depth of the water, although I could see its surface. I asked, “Are you sure it’s OK?” He responded, “What do you think?” All the other pool slides with which I am familiar had been located at the deep end of the pool. “It’s time for me to stop going through life being a chicken.” So I presumed that the water below the slide was deep enough for diving. Turned out it was not.

A: A jury could certainly find that your conduct in diving off the top of the pool slide into shallow water was not the sole legal cause of your injuries. The accident was not all your fault. The boy had failed to turn on the underwater light, and he had assured you that it was safe to dive.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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