In Jahier v. Jahier , John Jahier and his friends were "swimming, cannon-balling, and jack-knifing" in his grandparents' pool. When John hit his head on the bottom of the pool after a dive, he filed a personal injury lawsuit against his own relatives.
His grandparents countered that John "assumed the risk" of diving and, since the pool was designed by an independent contractor, they couldn't be held responsible for its "negligent design."
On appeal from the Suffolk County Supreme Court's denial of the grandparents' request to dismiss the case, the Appellate Division, Second Department, noted that under the "doctrine of primary assumption of risk," a person who participates in "water sports" assumes the risks "which are inherent in and arise out of the nature of the sport."
Since John was an experienced swimmer and had, over the course of his lifetime, dove into the pool in question over 50 times, he knew "the risk of striking the bottom of the pool." The AD2 also accepted testimony of a "licensed professional engineer with 35 years experience in swimming pool construction," who confirmed that the pool complied with all governing regulations.
With that, John's case took a dive of its own.
To download a copy of the Appellate Division's decision, please use this link: Jahier v. Jahier