There has to be more to this case than anyone not associated with it knows. Perhaps there had already been several "near misses" that were never addressed appropriately, leading to the likelihood of a judgement against the resort. McDonalds lost the hot coffee case in large part because, as I understand it, they had been cited more than once for having the temperature of their coffee to hot (hot enough to scald).
Then again, all one has to do is read the warnings posted on anything you purchase to understand people are idiots. I'm often amazed the human species has survived as long as we have. From a very young age I've had it pounded into my head to NEVER jump head first into water which I don't know.
Many years ago there was a beautiful clear water spring, obviously VERY deep with a great rock ledge for diving. There as a HUGE sign posted, "NO DIVING." I was maybe 13 years old and ask my dad why they wouldn't allow diving into what was obviously a deep clear water pool. He had me put my hand in the water. It was in the 50's for a temp. It was a cold water spring and that water was cold enough to make a person cramp, sink and drown. It was another teaching moment of "don't jump into water you're not familiar with, especially head first"
I learned my lesson by asking. Some people learn by jumping. To bad for this guy and his family he learned by jumping. No amount of money will ever be enough to compensate him for what he's lost. Maybe the resort will learn a lesson by paying up too.
