Harper v. Herman

Harper (plaintiff), a guest on Herman's (defendant's) boat, asked Herman whether he was going into the water, and after Herman said yes, Harper dove without warning from the boat into water only two or three feet deep, striking bottom and severing his spinal cord, leaving him quadriplegic. Herman had anchored in an area of the lake that was shallow but deep enough to swim in, and had considered himself in charge of the boat and its passengers. Harper sued Herman for failing to warn him the water was too shallow to dive into; the trial court granted summary judgment for Herman, finding no duty to warn, but the court of appeals reversed, reasoning that letting Harper aboard created such a duty.