Man Awarded $4M for Diving Into Shallow End

Always look before you dive. Unfortunately a Chicago carpenter didn't take that advice (PR Web) and dove headfirst into the kiddie section of his neighbor's pool, rendering him an incomplete quadriplegic.

Twenty-two-year-old Don Duffy filed a products liability suit against the installer and manufacturer of the pool, lost the original case and then prevailed on appeal.

Your first thought is probably something like this: "What happened to personal responsbility? Duh, pools can be dangerous." That's what the jury originally decided but the facts of this case are quite unique and ultimately swayed an appellate court.

First of all, keep in mind that most pools have a deep end and a shallow end. This assumption is a key fact in the case.

Duffy was invited over to his neighbor's place for a swim. He entered the shallow end, eventually felt the downward slope (indicating a deep end) with his feet as he made his way toward the middle, and then pulled himself up the ladder. Assuming that the other end was the deep end, he dove toward the side opposite from where he originally entered.

But that end also was 3 1/2 feet, just like the opposite side, while the deep end was limited to the middle of the pool. Odd design, right? Sadly, the young man suffered a spinal injury confining him to a wheelchair possibly for life.

Duffy's suit claimed product liability damages against the manufacturer and the installer for a dangerous design, although the defendants insisted that the "sports pool" configuration was both popular and safe. The original award was for $8.1 million but was halved for Duffy's assumption of risk, so he was partially held responsible for the mishap.

Duffy's Chicago injury lawyers at The Healy Law Firm said in their press release that this is the highest pool-related accident verdict in Illinois on behalf of an individual rendered an incomplete quadriplegic. While it's a lot of money, I think I'd want more after losing mobility (not to mention the ability to work) at the age of just 22.