A Cook County jury has granted an $8.1 million award to a 22 year-old man who dove into a swimming pool and was rendered an incomplete quadriplegic. This is the highest pool-related accident verdict in Illinois.
Interestingly, the pool lawsuit had previously been dismissed on the contention that the pool was an open and obvious hazard. However, the Illinois Appellate Court reversed, finding that the open and obvious hazard is not a complete defense against a products liability recovery.
The pool accident occurred in July 2001 when the pool accident victim was invited by a friend to go for a swim in an in-ground pool at a South Suburban Chicago home. He believed the pool was a typical shallow end/deep end configuration and dove into what he believed was the deep end. In fact, it was actually only 3 ½ feet deep. The pool was atypical – with two shallow ends and a deep middle. The product liability lawsuit proceeded against the installer of the pool and the manufacturer of the pool liner.
Click here to read more about the pool accident verdict.