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Bredvick v. City of Morris2/5/2002
constructed, has a gradually-sloped bottom with no drop-offs and contains no unusual currents. Moreover, as we noted in Davies, " t is generally conceded that the ordinary body of water, even though it be artificial, while it does involve the risk of death or serious harm, does not constitute an unreasonable risk thereof because even a child to some extent appreciates the risks that are connected with it. See, Prosser, Torts, ยง 77, p. 622." Id. Johnson, 518 N.W.2d at 600.
Here, both parties agree the water was turbid and opaque. But the nature of water remains the same, no matter the coloration. Water is always a potential cause of drowning, and Johnson directly states this principle. Therefore, even after taking into account the opaque quality of the water, appellant's claim that the adult-trespasser standard provides an exception to recreational-use immunity in this case fails because there are no material facts that suggest the condition of the water was hidden.
Affirmed.
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