O'sullivan v. Shaw,

726 N.E.2d 951 (2000)

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Nature of the Case

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Facts

O’Sullivan (P), who was 21 at the time of the injury, seeks to recover for injuries he sustained when he dived headfirst into the shallow end of a swimming pool on Shaw’s (D) residential property. P alleges that Ds were negligent in allowing visitors to dive into the shallow end and in failing to warn of the danger associated with such activity. D moved for summary judgment, and the judge granted it; diving into the shallow end of the pool is an open and obvious danger, which was known to P and therefore Ds did not owe P a duty of care. The pool was 18 x 36 ft. with 4 ft. at the shallow end and 8 ft. at the deep end. There were markings along the side of the pool to show just how deep each area was. P suffered injuries to his neck and back when he dived into the shallow end. By his own admission, P knew he could be injured by diving into the shallow end. This appeal resulted.