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New York Supreme Court Appellate Division Sides with SPBMC in Personal Injury Appeal

May 24, 2019 in

The New York Supreme Court Appellate Division, Second Department in Brooklyn recently granted Sullivan, Papain, Block, McGrath & Cannavo P.C.’s appeal, filed by Counsel Stephen Glasser, in a personal injury case involving a 22-year-old man who became a quadriplegic after diving into a pool at a rented home in Hampton Bays, New York, when he hit his head on the sharply slanted side at the deep end of the pool.

According to the original claim, the area around the pool had no signs cautioning the victim against diving. The homeowners did not provide any warnings against diving to him, even though they testified that they warned their own children against diving into the pool. A lawsuit was filed against both the homeowners and installer of the pool, Swimtech, after it was found that the pool was not built according to the specifications filed by the installer. As such, the pool was constructed with sharper slant than originally planned, which increased the level of risk to the victim if  no warnings were given not to dive into the pool.

Glasser filed the appeal after the case against the homeowners was dismissed. When the appeal was heard at the Appellate Division, Second Department the Court sided with SPBMC and agreed that there was a question as to whether the homeowners acted reasonably when they failed to provide warnings about diving.  That Court held that since the homeowners should have known it was dangerous to dive into the pool, a question of fact existed for a jury as to whether they were negligent, too, because they failed to show (as they were obligated to do in order to get the case dismissed against them) that they did not know the slanted end of the pool made it dangerous to dive in.  As a result of this decision, the injured plaintiff will have his day in Court as to whether both the installer and the homeowners were each responsible in part for his injuries. .

“We are pleased that the court sided with our assertion in this case, and we look forward to helping our client receive the just compensation he deserves after this terrible event,” said Glasser.

This decision is the first in recent history where a homeowner could potentially be held responsible under such circumstances and is likely to have serious implications for any homeowner who choose to rent their home. As the claim goes forward, SPBMC will continue to fight vigorously for the rights of  injured victims. To learn more about Stephen Glasser, click here.