According to Cook County, IL, a 22-year old man was awarded $8.1 million in a personal injury lawsuit. The man visited a home containing a built-in pool. He dove into what he believed was the deep end when the pool was designed in such a manner that both ends were shallow and the middle of the pool was deep.
In his filing, the plaintiff attempted to hold the homeowner liable as well, claiming he was unfamiliar with the home and was invited to visit late at night.
The defense argued that the man visited the home late at night after a bar visit. They produced a toxicologist who testified on the stand that the plaintiff was impaired and intoxicated at the time of the incident. Individuals who were with the plaintiff testified that he did not appear to be inebriated at the time.
The plaintiff alleged the pool was defective and caused personal injury. Specifically, the plaintiff claimed the pool had no proper warning signs on the deck and had a defective design.
The plaintiff suffered severe injuries, a cervical fracture and incomplete quadriplegia. He is able to move his arms but has no motor skills or use in his hands or fingers.
The Illinois court jury exonerated the pool liner manufacturer. The pool liner manufacturer argued it had merely supplied a liner and provided proper warning signers on its liner.
The jury did find the designer and installer of the in-ground pool 50% liable. The jury further assessed 50% liability against the plaintiff for assumption of the risk. The plaintiff made a claim for damages to cover costs such as relating to a specialized home, home assistance and specialized equipment.