Dismissal of the plaintiff’s premises liability claim of an oily substance on a diving board is affirmed.

The plaintiff sued the defendant, whose son had invited him and his family to use his pool while the defendant was at work. The court held that the plaintiff was a social guest and that the defendant did not know nor had any reason to know of the dangerous condition—an oily substance on the diving board. The defendant had no duty to rectify the condition or warn the plaintiff of its presence.

The panel opined that the result would be the same under the more flexible approach of Hopkins v. Fox & Lazo Realtors and Sussman v. Mermer rather than the traditional common law framework.

_{Case Law Alerts, 2^nd Quarter, April 2015}

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