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Belling v. Haugh’s Pools, Ltd.

Appellate Division of the Supreme Court of New York
126 A.D.2d 958 (1987)


Facts

Daniel Belling (plaintiff) was injured when he dived into a four-foot-deep pool manufactured by Haugh’s Pools, Ltd. (Haugh’s) (defendant). Belling was familiar with four-foot-deep pools generally and the pool in question specifically. The owner’s manual for the pool provided a warning about the dangers of diving, and Haugh’s provided additional warning decals that could be attached to the pool. Belling brought suit, alleging that Haugh’s had failed to adequately warn of the dangers of diving into a four-foot-deep pool. Haugh’s filed a motion for summary judgment. The trial court denied the motion. Haugh’s appealed.

Rule of Law

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Issue

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Holding and Reasoning

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Dissent (Green, J.)

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