Howard v. Poseidon Pools, Inc.
| Decision Date | 13 October 1988 |
| Docket Number | No. 1,1 |
| Citation | 72 N.Y.2d 972,534 N.Y.S.2d 360,530 N.E.2d 1280 |
| Parties | , 530 N.E.2d 1280, Prod.Liab.Rep. (CCH) P 11,996 Brent HOWARD, et al., Appellants, v. POSEIDON POOLS, INC., et al., Defendants, and S & V Pools, Inc., Trading as Poseidon Pools, Inc., et al., Respondents. (Appeal) Ronald MANNING, Appellant, v. Raymond MANNING, et al., Respondents. (Appeal) |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 134 A.D.2d 926, 522 N.Y.S.2d 388, in each case should be affirmed, with costs; the certified question in Manning is not answered as unnecessary.
In Howard, plaintiff, who was 6 feet, 3 inches tall, sustained severe and permanent injuries upon diving head first into an above-ground pool having a water depth of about four feet. Plaintiff stated that he attempted to dive through an inner tube that was floating in the water some eight feet from the deck of the pool. It is undisputed that plaintiff was an experienced swimmer familiar with diving techniques, that he had been swimming in the pool for about 45 minutes prior to the accident, and that he knew the water was shallow. At his examination before trial, plaintiff testified that he had been informed of the water depth and that when he stood in the pool, the water level was about "chest high". Additionally, plaintiff acknowledged that he was generally familiar with the danger that injury might result from diving head first into shallow water.
As in Howard, the plaintiff in Manning suffered debilitating injuries upon diving into an above-ground pool owned by his parents. At his examination before trial, plaintiff testified that he considered himself to be a "good" swimmer and that he had used the pool in question about 20 times prior to the date of the accident. Plaintiff also stated that he was 5 feet, 11 1/2 inches tall, that he was aware that the water depth was only about 4 1/2 feet, and that when he stood in the pool the water level was about "chest high". Plaintiff conceded that he dove into the water head first from a deck adjacent to the pool and that he could see the bottom of the...
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