Swimmer, who sustained injuries after diving headfirst into shallow waters, from a 20-inch-wide seawall, called a groin, at city beach, brought action against city for creating or maintaining a dangerous condition of public property and failure to warn.
The Superior Court granted city’s motion for summary judgment. Swimmer appealed.
The Court of Appeal held that:
- Swimmer engaged in a “hazardous recreational activity” triggering city’s statutory immunity from liability;
- Gross negligence exception to city’s statutory immunity did not apply;
- Dangerous condition exception to city’s statutory immunity did not apply; and
- City was immune from liability for swimmer’s injuries to the extent that they were caused by lifeguard’s failure to warn him that diving from the groin was prohibited.