A 9-year-old girl was playing in a neighbor’s backyard swimming pool, an inflatable and portable above-ground pool with a uniform depth of about four feet. The only way to enter the pool was from a ladder-platform.


There were no warning signs or notices about the dangers of diving off the platform into the shallow water. The girl dove, broke her neck, and will remain paralyzed for the rest of her life. Given the placement of the platform and the pool, it was foreseeable to the manufacturer that such an incident would occur. Liability was predicated on the design of the pool, the unsafe depth of the pool, and the failure to warn against diving into the pool.[47]

Unsupervised 21-month-old child sustained brain injury when she gained access to a three-foot deep, above-ground swimming pool via a 16-inch-high pool filter. Plaintiff argued that the filter which was adjacent to the pool was defective as it was readily climbable by youngsters, enabling them to gain access to the pool. Case settled for 4 million prior to trial.[46]