A Cook County, Illinois, jury has awarded $8.1 million to an Irish emigrant carpenter, Don Duffy, who dived into a swimming pool and was rendered an incomplete quadriplegic when he accidently dived into 3½ feet deep water.
Don Duffy was 22 years old at the time of the accident and was found 50% liable for his own injuries, meaning the award was reduced to $4,051,200. It is the highest ever pool-related accident compensation award in Illinois.
The case took considerable time to work its way through the legal system, where it was initially dismissed through a summary judgement that was reversed in an appellate court, which ruled that there was a potential product liability based on the pool design.
The pool had an unusual design with two shallow sections – one at either end rather than the traditional deep end and shallow end design used in almost all swimming pools. A product liability claim was made against the installer of the swimming pool, Black Oak Pool & Supply, and the manufacturer of the pool liner, Latham Plastics. The jury found in favor of Latham Plastics. Liability was shared equally between Black Oak Pool & Supply and Don Duffy so the the reward was reduced by half.