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I've never seen a warning sign that says dive at your own risk. Now I've seen warning signs that say NOT to dive in a certain area because it's too shallow there. And I have not seen any written rules about how many times you are supposed to jump on a diving board. Now if it were written somewhere then he'd at fault for not following the rules. But how is he supposed to not do something that isn't written as a warning not to do in the first place? Just because someone made a stupid choice doesn't mean he has no chance at winning a lawsuit. There are a lot of cases where someone makes a stupid decision and gets injured and sues and wins. Lucky bastards!
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