The plaintiff who was injured diving into a pool during a fraternity party received more than $250,000 in a settlement that was reached during mediation recently.  According to the plaintiff’s attorney, “finding some semblance of negligence by the defendants was key to reaching a settlement” and that he has always found “… that if you have someone getting hurt in a pool, that is not enough.  I try to find some type of active negligence by the defendant, because if you do not, you are not going to have much to work with and it was a strong likelihood it will be dismissed. ”

According to details of the case, the college student dove into an above-ground pool that was put up in the driveway on top of gravel and broken asphalt.  He dove head first into the pool and fractured his spine.  He had been drinking alcohol at the time.

The plaintiff filed the lawsuit against the fraternity, as well as the property management company that owns the land on which the fraternity building is located.  According to the claim, there were four violations that indicated negligence, including:

• Violation of university regulations that prohibited this type of pool being put up, especially during a party. 
• Violation of the lease agreement the fraternity had entered into with their landlord, which did not allow any temporary or permanent structures in the parking lot without permission.
• The pool was not set up on a soft surface like sand.
• The fraternity failed to apply for or receive a permit from the city in which it is located.

The settlement was intended to compensate the plaintiff for his injuries and medical bills, as well as pain and suffering.