$600,000.00 (.60 million) (2000) Diving accident. The victim dove from
an artificial bank into an artificial lake at a recreational
“lakefront” apartment complex.
Under Florida law, a property owner is generally not responsible
for driving accidents involving “natural conditions” on their land or
water. Further, the 23 year old victim admitted to drinking alcohol
before the drive. As a result, the apartment complex blamed the victim
and denied responsibility for the accident.
Hanson & Hanson performed legal research and determined that a
landowner, however, may be liable for diving accidents involving
“unnatural conditions” on his property. Hanson & Hanson then
obtained 35 year old photos from the County Building Permit Office
depicting a dredge actually digging a deep trench in the bottom of the
lake around its perimeter and using the mud removed from the bottom of
the shallow lake to build a steep artificial “bank” along the shoreline
upon which future, luxury “lakefront” apartments would be built. The
end result of the dredging in the lake was a tall, steep bank, with
very deep water just off shore, and a shallow lake center. Thus, Hanson
& Hanson proved that neither the “bank” from which the victim dove,
nor the “lake” into which the victim dove was a “natural condition.”
Hanson & Hanson further proved that the steep angle of the
“bank” and the deep trench in the bottom of the “lake” ran along the
shoreline (created by the dredge) created the false appearance that the
lake was deep enough to safely dive into. But, in fact just beyond the
deep trench in the bottom of the “lake” that ran along the shoreline
was the original shallow lake bed which was located in the center of
the lake as it existed before being altered. It was that original
shallow lake bed that the victim struck when he dove from the
artificial “bank” into the center of the lake just beyond the deep
trench in the bottom of the “lake” that ran along the shoreline
(created by the dredge).
