Taylor v. Village of Ilion

In Taylor v. Village of Ilion, 265 App.Div.2d 841, 695 N.Y.S.2d 467 (4th Dept. 1999) the plaintiff dove into a swimming hole at the base of a waterfall in which he had never been before. His companion dove into the swimming hole from a concrete abutment ten feet above, swam five to six feet and stood in waist high water. When the plaintiff inquired about the depth of the water into which the companion dove, the companion answered that it was "deep enough." The Fourth Department found fact questions as to the condition of the swimming hole and as to plaintiff's awareness of the shallowness of the water. Neither question exists here. The depth of the water was readily observed and infant plaintiff, who had been in the water all day, knew its depth.