Premises Liability – Pool Case

$2 Million Settlement

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Our client, a 17-year-old high school boy, was attending a party at a friend’s house. About 75 guests were in attendance. During the party, he dove head-first into the deep end of an underground pool. Our client remembers stepping up onto the diving board, walking to the end, looking down at his feet, and then jumping straight out with his hands over his head. He remembers feeling his head strike the bottom of the pool and lost consciousness. The impact caused a C-5 burst fracture (“classic diving injury”). CPR was performed poolside and he was taken by EMS to Nassau Medical Center where he underwent several spinal surgeries. He was ultimately diagnosed with quadriplegia. Our suit was against the homeowner, pool and diving board manufacturers and pool installers. Some witnesses testified that our client dove into the pool in the shallow end. Our experts believed that given the dimensions of the pool (specifically the depth), it was not safe for use with any type of diving board.