You are here: / / INJURY FROM DIVING INTO THE SHALLOW END OF A POOL NOT ACTIONABLE.

INJURY FROM DIVING INTO THE SHALLOW END OF A POOL NOT ACTIONABLE.

The Fourth Department determined plaintiff’s injury from diving into the shallow end of a pool was not actionable:

It is well established that “[s]ummary judgment is an appropriate remedy in swimming pool injury cases when from his general knowledge of pools, his observations prior to the accident, and plain common sense’ . . . , the plaintiff should have known that, if he dove into the pool, the area into which he dove contained shallow water and, thus, posed a danger of injury” … . In light of that standard, we conclude that defendant met her burden on the motion, and that plaintiff failed to raise an issue of fact … . The record establishes that plaintiff lived on the same street as defendant, swam in the subject pool multiple times prior to the accident, was aware that striking the bottom of a pool was a risk when diving into the shallow end of the pool, and acknowledged that he knew the depth dimensions of defendant’s pool, i.e., where the shallow end started and ended. Under those circumstances, we conclude that plaintiff’s reckless conduct was the sole proximate cause of his injuries … . Furthermore, even assuming, arguendo, that defendant was negligent in failing to provide a “safety float line separating the shallow and deep end of [her] pool, [we conclude that] even the most liberal interpretation of the record eliminates any cause of this accident other than the reckless conduct of plaintiff” … . Brady v Domino, 2016 NY Slip Op 08687, 4th Dept 12-23-16

NEGLIGENCE (INJURY FROM DIVING INTO THE SHALLOW END OF A POOL NOT ACTIONABLE)/SWIMMING POOLS (INJURY FROM DIVING INTO THE SHALLOW END OF A POOL NOT ACTIONABLE)/DIVING (INJURY FROM DIVING INTO THE SHALLOW END OF A POOL NOT ACTIONABLE)/SOLE PROXIMATE CAUSE (INJURY FROM DIVING INTO THE SHALLOW END OF A POOL NOT ACTIONABLE)

You might also like
THE FACTS THAT THE PARKED CAR IN WHICH DEFENDANT WAS SITTING WITH TWO OTHERS WAS IN A HIGH CRIME AREA AND WAS NOT RUNNING DID NOT PROVIDE THE POLICE WITH AN ARTICULABLE, CREDIBLE REASON TO APPROACH THE CAR; THE EVIDENCE SUBSEQUENTLY SEIZED AND THE STATEMENTS SUBSEQUENTLY MADE SHOULD HAVE BEEN SUPPRESSED (FOURTH DEPT).
THE CONDEMNATION OF THE REAL PROPERTY WAS NOT FOR A COMMERCIAL PURPOSE AS REQUIRED BY THE CONTROLLING STATUTES; THE DETERMINATION TO CONDEMN THE PROPERTY WAS ANNULLED OVER AN EXTENSIVE DISSENT (FOURTH DEPT).
FAILURE TO FOLLOW PROCEDURE FOR SENTENCING A SECOND FELONY OFFENDER RENDERED THE SENTENCE ILLEGAL, SENTENCE CANNOT STAND DESPITE FAILURE TO RAISE THE ISSUE ON APPEAL 4TH DEPT.
No Probable Cause for Arrest—Convictions Stemming from Arrest Reversed
AN ENTRY IN THE CASE SUMMARY ALONE IS NOT A SUFFICIENT BASIS FOR AN ASSESSMENT OF POINTS (FOURTH DEPT).
Court Should Not Have Deferred, Over Defense Counsel’s Objection, to Defendant’s Request that the Jury Not Be Charged on a Lesser Included Offense—To Do So Denies Defendant His Right to the Expert Judgment of Counsel
THERE SHOULD ONLY BE ONE SORA RISK ASSESSMENT PROCEEDING BASED UPON THE SAME RISK ASSESSMENT INSTRUMENT (RAI); HERE THERE WERE TWO ASSESSMENTS IN TWO COUNTIES, ONE AT LEVEL TWO AND ONE AT LEVEL THREE; THE LEVEL THREE RISK ASSESSMENT WAS VACATED (FOURTH DEPT).
THE MARIJUANA FELONY CONVICTION WHICH WAS THE BASIS FOR DEFENDANT’S SECOND FELONY OFFENDER STATUS WAS BASED ON A STATUTE WHICH HAS SINCE BEEN REPEALED AND REPLACED WITH A MISDEMEANOR; DEFENDANT WAS ENTITLED TO RESENTENCING AS A FIRST-TIME FELONY OFFENDER (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

INDICTMENT COUNT RENDERED DUPLICITOUS BY TRIAL TESTIMONY. GOLFER ASSUMED THE RISK OF LOSING CONTROL OF HER GOLF CART ON A WET SLOPE.