{"id":984,"date":"2016-07-28T07:14:37","date_gmt":"2016-07-28T12:14:37","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=984"},"modified":"2018-04-12T12:39:07","modified_gmt":"2018-04-12T17:39:07","slug":"man-paralyzed-diving-pond-state-park-unable-recover-compensation-due-recreational-use-statute","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/man-paralyzed-diving-pond-state-park-unable-recover-compensation-due-recreational-use-statute\/","title":{"rendered":"Man Paralyzed After Diving into Pond at State Park Unable to Recover Compensation Due to Recreational Use Statute"},"content":{"rendered":"
    \n
  1. In a recent case<\/a> before a state appellate court, a 29-year-old man dove into a pond at a park and broke his neck. Sadly, the man was paralyzed from the neck down as a result. His wife and he filed a claim against the state, alleging negligence and premises liability. At trial, a witness testified that there were \u201cno swimming\u201d signs posted at the recently filled pond, and the state planned to staff the swim area. On the\u00a0day that the man dove in, there were other people swimming in the pond. The man testified that he thought the water looked deep enough, and he did a shallow dive into the water, but he did not check the depth of the water.<\/li>\n<\/ol>\n

    The case went to trial, and the state was not found liable. On appeal, the state\u2019s supreme court agreed with the decision, finding that the state owed no duty to the man. The court found that the state was not responsible for the man\u2019s injuries. First, it found that diving was an open and obvious danger of which he should have been aware. In addition, the court found that the state was protected under the recreational use statute. The state\u2019s recreational use statute limited the liability of landowners when\u00a0people use the land for recreational purposes without charge. The park would only have been liable if it had willfully or maliciously failed to guard or warn against a dangerous condition or activity\u2014which did not occur in this case. Thus, the man and his family were unable to recover compensation.<\/p>\n

    Premises Liability in Illinois<\/strong><\/p>\n

    Premises liability is based on the idea that owners and occupiers of land have a duty to maintain their premises to some degree in order to help prevent injuries to those who come onto the land. Generally, this duty depends on the type of person who comes onto the land. For example, an owner may have a higher duty to a business guest than to a social guest. In Illinois, however, the Premises Liability Act sets forth many of the laws related to premises liability.<\/p>\n

    Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

    In a recent case before a state appellate court, a 29-year-old man dove into a pond at a park and broke his neck. Sadly, the man was paralyzed from the neck down as a result. His wife and he filed a claim against the state, alleging negligence and premises liability. At trial, a witness testified […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[40,31],"tags":[],"class_list":["post-984","post","type-post","status-publish","format-standard","hentry","category-government-liability","category-premises-liability"],"yoast_head":"\nMan Paralyzed After Diving into Pond at State Park Unable to Recover Compensation Due to Recreational Use Statute — Illinois Injury and Mass Tort Lawyer Blog — July 28, 2016<\/title>\n<meta name=\"description\" content=\"In a recent case before a state appellate court, a 29-year-old man dove into a pond at a park and broke his neck. 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