This case arose after a man slipped off the end of a diving board at a city pool and ruptured his quadriceps tendon, which required surgery to repair. Plaintiff brought suit against the city, alleging negligence for failure to use a slip resistant surface on the diving board. “Suits against the government may be maintained only to the extent immunity has been expressly waived by the legislature.” Baker v. City of Ottumwa, 560 N.W.2d 578, 583 (Iowa 1997). Iowa Code section 670.4(1)(l) provides an immunity provision for claims related to swimming pools that are inspected in accordance with 1351I or certified by the state. The provision provides an exception allowing claims “based upon an act or omission of an officer or employee of the municipality and the act or omission constitutes actual malice or a criminal offense.
The Court found the pool in dispute was subject to annual certified safety inspections under 1351I and, thus, section 670.4(1)(l) immunity applied. The Court noted that the Iowa Court of Appeals decision was based on Sanon, which expanded the definition of a “criminal offense” to include regulatory violations and, therefore, defeated statutory immunity. Overruling Sanon, the Court stated, “It is well settled that the term ‘criminal offense’ means ‘conduct which is prohibited by statute and is punishable by fine or imprisonment’” and emphasized that the legislature has not made violating swimming pool regulations a criminal offense.
Ron Myers v. City of Cedar Falls, No. 22-0917 (Iowa Supreme Court, June 14, 2024).