Featured Result: Severe Diving Injury – Pool Product and Premises Liability

Meehan, Boyle, Black & Bogdanow represented a father who suffered a life-altering spinal cord injury after diving into a residential pool that appeared safe but was deceptively shallow. The pool, constructed in the 1960s, had an antiquated “hopper bottom” design, with a narrow deep end and steeply sloped sides that made diving very dangerous. The pool had been remodeled and relined by the defendants just one year prior to the incident, without any “No Diving” warnings or depth indicators. The liner’s pattern masked the pool’s hazardous design, contributing to the plaintiff’s misjudgment and subsequent injury.

We pursued claims against the liner manufacturer and installer, alleging failure to warn, negligent design practices, and breach of industry safety standards. Expert testimony supported our position that the pool’s configuration was dangerous and outdated, that the defendants knew or should have known that it posed a danger to users like the plaintiff, and that the defendants failed to fulfill their duty to warn the homeowners and users of the danger.

The plaintiff’s damages exceeded $1 million in medical costs alone, with substantial additional expenses for lifelong care, accessibility modifications, and equipment. Loss of consortium claims on behalf of his spouse and children added to the case’s complexity and value.

Following an initial settlement with the homeowners, we engaged in targeted mediation with the remaining parties. The case was positioned for resolution within the available $12 million in insurance coverage.

This matter demonstrated our firm’s experience handling high-stakes injury cases involving complex liability theories, extensive damages, and layered insurance coverage. It was a case that, at first blush, appeared to be a lost cause, and one that many firms would have declined to take on. But, by conducting a quick, thorough investigation and retaining a leading expert in the field, we were able to secure a prompt, meaningful settlement for a family in crisis. It was an honor to represent this wonderful family and to pursue accountability on their behalf.