Benjamin v. Deffet Rentals, Inc
In Benjamin v. Deffet Rentals, Inc. (1981) 66 Ohio St. 2d 86 419 N.E.2d 883, 15-year-old experienced swimmer, aware of the potential danger, dove off a sliding board platform into a five-foot-deep, below-ground swimming pool.
The Ohio Supreme Court approved summary judgment in favor of the pool owner and board manufacturer, finding the plaintiff aware of the potential risks.
The court quoted earlier case law, stating:
" 'While a child is required to exercise for his own safety only such care as children of like age, education, experience and ordinary prudence are accustomed to exercise under the same or similar circumstances, yet it may be assumed that a person of whatever age is able to appreciate the obvious risks incident to any sport or activity in which he may be able to engage with intelligence and proficiency, and must act accordingly.' " ( Id. at p. 885.)