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Torts Keyed to Underwood
O’Sullivan v. Shaw
Citation:726 N.E.2d 951 (Mass. 2000)
The plaintiff was injured when he dived headfirst into the shallow end of a swimming pool owned by the defendants and locate don their residential property. The pool was four feet deep at its shallowest point and eight feet at its deepest. There are no markers, either in the pool or on its exterior surroundings to indicate the pool’s depth at various points. However, a diving board was located at the deep end. However, the plaintiff, who was a friend of the defendant’s granddaughter had swum in the pool at least once prior to the night of the accident. Moreover, the plaintiff himself had previously dived into the pool’s deep end form the diving board two or three times and had made one dive into the shallow end.
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