Is the property owner responsible if I was injured when I jumped into their pond?
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Is the property owner responsible if I was injured when I jumped into their pond?
My family recently booked a trip to a cabin in the hills. On the property there is a man-made recreational pond. Swimming, fishing, canoeing, etc. is encouraged. However, renters must be aware of risks. I jumped off of the dock and into the water. My ankle was caught by an aluminum chair sitting at the bottom. My knee buckled up behind me. After a couple days of pain, swelling and no
evidence of healing, I went to get X-rays. I re-injured my MCL and also injured my ankle with a grade 3 high sprain. I’m going to miss work time as a mid-senior level manager. Is the landowner responsible for my injury?
Asked on March 31, 2017 under Personal Injury, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
They are most likely not responsible:
1) Jumping into water is a do-it-at-your-own risk sort of activity, since there could be anything under the water...that means you "assume the risk" of hitting something, and that assumption of the risk generally precludes recovery of compensation.
2) Even without the above, a property owner does not insure their guests; they are liable only if at fault. However, anyone else--e.g. a prior guest--could have dropped that chair there and the owners would have no way of controlling what happened or knowing about the chair to have it removed. It would be almost impossible to prove in court that the owners were at fault.
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