Everett Todd Faber v. United States

Everett Todd Faber sued the United States in tort for its failure to warn of the existence of diving hazards in a national park. The district court granted summary judgment in favor of the United States on the basis that the discretionary function exception to the Federal Tort Claims Act (“FTCA”) rendered the court without subject matter jurisdiction to adjudicate Faber’s claim. Faber appealed. We vacate the judgement of the district court and remand the case for consideration of Faber’s tort claim.

Background

Faber’s injury occurred at the Tanque Verde Falls (“the Falls”), located in the Coronado National Forest near Tucson, Arizona. On April 14,1991, Faber dove approximately twenty feet from a rock ledge at the top of the Falls into a pool. During the dive, Faber struck his head and suffered severe injuries. Faber was rendered a quadriplegic. Because the Tanque Verde Falls are part of a national forest, they are managed by the United States Forest Service. At the time of Faber’s accident, there were four warning signs located at the top of the Falls which warned generally of danger and natural hazards and specifically of flash flooding and slippery rocks. The four signs had…