Business 8th Edition by Marianne Jennings

Exercise 4

Wade Lederman, 31, was at a Fourth of July pool party at a relative's house in 1991. At about 10:30 p.m., Mr. Lederman, his brother, and two others decided to go swimming. They jumped from the sides of the pool into the water and also dove from the pool's diving board. At about midnight, Mr. Lederman dove into the pool from the side and struck his head on the bottom, sustaining permanent physical and neurological injuries.
The pool in which Mr. Lederman was injured is a residential swimming pool that is in-ground and oval-shaped, with a shallow end and a deep end. The pool has three steps at the shallow end by which swimmers can enter the pool. A white line one foot wide is painted on the bottom of the pool between the shallow end and the deep end. At the start of that line, the depth increases to 7 feet and then slowly descends to a depth of 10 feet at the diving-board end of the pool.
Mr. Lederman filed suit against Pacific Industries, Inc., the pool manufacturer, for its failure to display water depths in and around the pool; failure to warn as to which areas were not appropriate for diving; failure to warn that at night, with pool lights on, the depth of the pool was deceptive; and failure to warn that the white line was just the start of the deep end and not a line for diving versus nondiving areas of the pool.
Should Mr. Lederman recover from Pacific? [ Lederman v Pacific Industries Inc., 119 F.3d 551 (7th Cir. 1997)]