context: An alleged failure to warn swimmers of dangerous conditions in a popular swimming area does not implicate any social, economic, or political policy judgments with which the discretionary function exception properly is concerned. The government's alleged omission in this case "simply does not involve the exercise of such judgment."
citation_a.signal: see also
citation_a.identifier: 546 F.2d 872, 876-77
citation_a.parenthetical: government's failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary
citation_a.sentence: Berkovitz, 108 S.Ct. at 1964; see Indian Towing, 350 U.S. at 69, 76 S.Ct. at 127; see also Ducey v. United States, 713 F.2d 504, 515 (9th Cir.1983) (“While the government’s decision to encourage recreation at Eldorado Canyon is the exercise of a discretionary function, the government’s duty to warn of or guard against hazards resulting from that decision may nonetheless be actionable”); Smith v. United States, 546 F.2d 872, 876-77 (10th Cir.1976) (government’s failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary); cf. Davis v. United States, 716 F.2d 418, 423 (7th Cir.1983) (government did not argue its failure to warn of dangerous diving conditions was discretionary).
citation_b.signal: cf.
citation_b.identifier: 716 F.2d 418, 423
citation_b.parenthetical: government did not argue its failure to warn of dangerous diving conditions was discretionary
citation_b.sentence: Berkovitz, 108 S.Ct. at 1964; see Indian Towing, 350 U.S. at 69, 76 S.Ct. at 127; see also Ducey v. United States, 713 F.2d 504, 515 (9th Cir.1983) (“While the government’s decision to encourage recreation at Eldorado Canyon is the exercise of a discretionary function, the government’s duty to warn of or guard against hazards resulting from that decision may nonetheless be actionable”); Smith v. United States, 546 F.2d 872, 876-77 (10th Cir.1976) (government’s failure to warn about hazards of thermal heated pool not discretionary, even though decision to leave some park areas undeveloped and hazardous was discretionary); cf. Davis v. United States, 716 F.2d 418, 423 (7th Cir.1983) (government did not argue its failure to warn of dangerous diving conditions was discretionary).