HARRY (SPUD) HUGHES, JR., ET AL., APPELLANTS,
v.
ROARIN 20'S, INC., ET AL., APPELLEES
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Harry Hughes sought damages for a paralyzing neck injury suffered when he dove from a platform into shallow water at a recreational area on the Weeki Wachee River. The trial court granted summary judgment for the defendants, finding that Hughes' own diving action was the sole proximate cause of his injury and that he appreciated the danger involved. The appellate court affirmed.
A property owner generally cannot be held liable for dangerous conditions in natural or artificial bodies of water unless the conditions constitute a trap or present an unusual danger not generally found in similar bodies of water. Shallow water insufficient for diving does not constitute such a trap, and summary judgment was properly entered.
[1] A property owner generally cannot be held liable for dangerous conditions in natural or artificial bodies of water unless they are constructed to constitute a trap or pre…
[2] Shallow water, insufficient for diving, does not constitute a trap for the purposes of landowner liability.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“[A] property owner generally cannot be held liable for dangerous conditions which exist in natural or artificial bodies of water unless they are so constructed as to constitute a trap or unless there is some unusual danger not generally existent in similar bodies of water.”
Establishes the legal standard for property owner liability regarding water conditions, which forms the basis for the court's decision.
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Join FLexlaw to unlock all legal intelligenceOn October 4, 1975, seventeen-year-old Hughes and a friend paid admission to a campground leased by Roarin 20's, Inc. and rented tubes for floating do…
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PER CURIAM.
This is an appeal of the trial court’s entry of summary judgment in favor of appellees Roarin 20’s, Inc., Lykes, Inc., and Lykes Brothers, Inc., hereinafter referred to as Lykes. We affirm the decision of the lower court.
Appellant, Harry “Spud” Hughes, suffered a paralyzing neck injury when he dove from a tree into shallow water at a swimming area on the Weeki Wachee River. The platform from which he dove was constructed on a tree located on property owned by appellee Lykes. Appellant brought suit against appellee Lykes and appellee Roarin 20’s, Inc., which operated a nearby campground resort, for his injuries alleging that the diving area was unreasonably dangerous. Appellant further alleged that both appellee Roarin 20’s, Inc. and appellee Lykes were guilty of negligence regarding the duty owed to a business invitee or licensee. Finally, appellant contended that the tree in question constituted an attractive nuisance.
In response to appellant’s complaint, appellee Roarin 20’s, Inc. contended that the diving area was not included as part of the campground facility. They also maintained, as did appellee Lykes, that the condition on the property was open and obvious and that appellant voluntarily assumed the risk in diving from the platform.
After a hearing on appellees’ motion for summary judgment, the trial court held that diving into the shallow water was the proximate cause of appellant’s injuries, and that he fully recognized and appreciated the danger posed by such a dive. The lower court further held that appellant’s knowledge of the condition was equal, if not superior, to that of the landowners. Subsequently, summary judgment was entered in favor of appellee Lykes and Roarin 20’s, Inc. The facts pertinent to this appeal are as follows. On October 4, 1975, appellant and a friend went to the Weeki Wachee campground which was leased by appellee Roa-rin 20’s, Inc. from a third party. They paid an admission fee and proceeded to rent “tubes” for tubing down the river. On an earlier occasion, appellant’s friend had been instructed that he could gain access to the river by following a trail which led to a lagoon that flowed into the river. On this day, the boys launched the tubes from this lagoon and floated into the river toward the tree. When they arrived at the tree, several people were diving from a platform which was reached by climbing steps that had been nailed onto the tree.
At the time of the accident, appellant was seventeen years of age and was experienced in diving into shallow water. On this occasion, appellant tested the depth of the water in the area he intended to dive and determined that he could make the dive safely. Unfortunately, the “shallow dive” was not successfully completed and appellant suffered a neck injury which resulted in paralysis.
The trial court concluded that appellant’s action in diving into the shallow water was the sole proximate cause of his injury and thus granted summary judgment in favor of appellees. We affirm. See Schoen v. Gilbert, 436 So. 2d 75 (Fla. 1983); Zambito v. Southland Recreation Enterprises, Inc., 383 So. 2d 989 (Fla.2d DCA 1980). As this court stated in Savignac v. Department of Transportation, 406 So. 2d 1143 (Fla.2d DCA 1981):
[A] property owner generally cannot be held liable for dangerous conditions which exist in natural or artificial bodies of water unless they are so constructed as to constitute a trap or unless there is some unusual danger not generally existent in similar bodies of water. 65 C.J.S. Negligence § 63(100) (1966); Allen v. William P. McDonald Corp., 42 So. 2d 706 (Fla.1949). Shallow water, insufficient for diving, does not constitute a trap. Switzer v. Dye, 177 So. 2d 539 (Fla. 1st DCA 1965).
Affirmed.
SCHEB, A.C.J., and DANAHY and CAMPBELL, JJ., concur.
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Clark v. Lumbermans Mut. Ins. Co. & Orange Park Assembly of God, 465 So. 2d 552 (Fla. 1st DCA 1985)…th detect and appreciate the physical characteristics of the swimming place in question and the potential danger involved in attempting his shallow water dive. See, Lister v. Campbell, 371 So. 2d 133 (Fla. 1st DCA 1979), Hughes v. Roarin 20’s, Inc., 455 So. 2d 422 (Fla. 2d DCA 1984).2 For the foregoing reasons, the judgment below is AFFIRMED. MILLS and NIMMONS, JJ., concur. . Cf., Section 768.13, Florida Statutes (1981), the "Good Samaritan Act,” with commercial transactions (Kaufman II, the “tour guide”…
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Robbins v. Dep't OF Natural Res., 468 So. 2d 1041 (Fla. 1st DCA 1985)…hem and that such negligence was a proximate cause of the plaintiff’s injury. Likewise, the record does not establish conclusively that the negligence of plaintiff was the sole proximate cause of his injury. The case of Hughes v. Roarin 20’s, Inc., 455 So. 2d 422 (Fla. 2nd DCA 1984), relied upon by DNR, is distinguishable because, as the opinion pointed out, the plaintiff actually tested the depth of the water before executing his dive and there was no factual dispute with respect thereto. The instant case…
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Dankenbring v. Raynor Fitzhugh and Jane Fitzhugh, 467 So. 2d 828 (Fla. 2d DCA 1985)…ion against appellees. Appellant was employed to maintain the yard of ap-pellees, the Fitzhughes. She was injured when her leg slipped into a void in the soil underneath the sod of the yard. We affirm on the authority of Hughes v. Roarin 20’s, Inc., 455 So. 2d 422 (Fla. 2d DCA 1984); Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981); Ayala v. Fields, 390 So. 2d 166 (Fla. 5th DCA 1980). OTT, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Schoen v. Gilbert, 436 So. 2d 75 (Fla. 1983)
- Allen v. William P. McDonald Corp., 42 So. 2d 706 (Fla. 1949)
- Zambito v. Southland Rec. Enters., Inc., 383 So. 2d 989 (Fla. 2d DCA 1980)
- Savignac v. Dep't OF Transp., 406 So. 2d 1143 (Fla. 2d DCA 1981)
- Switzer v. DYE, 177 So. 2d 539 (Fla. 1st DCA 1965)