Earlier this month, an appellate court in Rhode Island issued an instructive opinion regarding that state’s recreational use statute and how the statute may be used by defendants to avoid liability in a premises liability case. The case is also instructive to potential premises liability plaintiffs, since it shows which facts must be pleaded and proven in order for the case to survive a summary judgment challenge by the defense.
Roy was with some friends at a state-run park. The park had a medium-sized pond in which people routinely swam, despite there being signs that swimming was prohibited. In fact, on some days, the government agency in charge of the park would staff the pond with lifeguards and allow swimming. There were, however, a number of “no diving” signs placed around the pond. Generally, the prohibition on diving was enforced, but there was an old diving platform that was still left from previous years when diving was permitted.
On the day in question, Roy got out of his parked car, ran up to the edge of the pond, and quickly inspected it before diving in. Roy later testified that the pond looked deep enough and that if it hadn’t looked safe to dive in, he would not have done it. When Roy did dive into the pond, his head struck the bottom, and he was paralyzed as a result. He later filed a lawsuit against the state agency in charge of the park’s maintenance.