In an unpublished opinion from the 11th Circuit Court of Appeals, a three-judge panel unanimously reversed summary judgment which had been entered in favor of a property management company — Paradise Beach Homes (“PBH”) — in a premises liability suit which alleged PBH failed to warn guests about the danger of diving off the pier into 3 foot deep, Santa Rosa Sound.
Knoll, the injured party, was staying with friends in a short term vacation rental home in Pensacola Beach which included a 188 foot private pier. When she arrived shortly after midnight she ran down the length of the pier and dove head first into the water, suffering a severe spinal injury.
On appeal, the issue was whether the property management company knew or should have known of the dangers associated with diving off the property’s pier and therefore had a duty to warn of the shallow depth. The trial court found in favor of the property management company finding that there was no history of anyone diving head first off the pier and that the defendant did not build the pier. On appeal, the injured party argued that the property should have known of the dangers of diving because the homeowner had previously placed a “No Diving” sign on their pier.