O'Sullivan v. Shaw

431 Mass. 201 · Massachusetts Supreme Judicial Court · 2000

Facts

The plaintiff sustained severe neck injuries after diving headfirst into the shallow end of the defendants' residential swimming pool at night. He had prior knowledge of the pool's approximate depth and the general danger of diving into shallow water, but attempted a "racing dive" to clear the shallow end. The defendants were granted summary judgment, arguing the danger was open and obvious.

Issue

Does the open and obvious danger rule, which negates a landowner's duty to warn, remain viable after the abolition of the assumption of risk defense by the comparative negligence statute, and was the danger of diving into the shallow end of this pool open and obvious as a matter of law?

Holding

Yes, the court affirmed the summary judgment, holding that the open and obvious danger rule remains viable and that the danger of diving headfirst into the shallow end of a swimming pool is an open and obvious danger, thus negating the defendants' duty to warn.

Rule

A landowner has no duty to warn lawful visitors of dangers that would be obvious to a person of average intelligence, as the open and obvious danger rule concerns the existence of a duty of care and was not abolished by the comparative negligence statute.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.