Swinging Down Water Slides - Who's to Blame When Safety Signs Are Ignored?
Pool water slides should remain safe even when misused, as per the court's decision. - Unauthorized use of water slides found legally unacceptable, as safety measures deemed non-negotiable.
Let's talk about a wild ride that ended in ouch! A 37-year-old chap decided to take a dive on a water slide in a pool, and boy, did things take a turn for the worse. Instead of splashing into the water in the usual manner, he went headfirst and prone, sliding all the way until he smacked straight into the pool's edge, causing a spinal cord injury. Ouch indeed!
He sued the water slide manufacturer, the pool operator, and the inspectors, demanding a whopping 335,000 euros in damages and compensation. But the Regional Court of Oldenburg swiftly dismissed his lawsuit, claiming that the signs warning against headfirst and prone sliding were plenty. Some might say they were pretty clear, even if our friend didn't take them to heart.
The man wasn't ready to let it go, and he took his case to the Higher Regional Court. And guess what? They sided with him! He was granted a claim for damages against the pool operator and the water slide manufacturer, albeit with a bit of shared fault—he was deemed 50% responsible towards the manufacturer and 40% accountable for the pool operator. Ouch again!
What did the court say exactly? You see, as a pool user, our friend had a reasonable expectation that a collision with the pool wall would be avoided altogether. The court believed that the water slide should have been designed to prevent severe injuries, even in common misuse situations. They suggested that the planners should've considered a greater distance between the pool edge and the slide end right from the get-go.
The final verdict was handed down on March 26, but the defendants had the last word when they filed a non-appeal application with the Federal Court of Justice.
Now, you might be wondering, what's the takeaway here? Well, it seems water slide fun comes with a hefty dose of responsibility, for both the users and the designers. Keep your eyes on the signs, and remember, a little caution can go a long way!
- Water slide
- Oldenburg
- OLG
(Note: Legal guidelines specific to the Higher Regional Court of Oldenburg were not readily available in the search results, requiring direct access to their rulings or guidelines.)
- The Regional Court of Oldenburg, in a previous ruling, dismissed a lawsuit related to a water slide incident, stating that safety signs were clear despite being allegedly ignored.
- Even though the Higher Regional Court ultimately granted damages to the plaintiff, they emphasized that pool designers should consider enhancing safety features to prevent severe injuries, referencing the design of the water slide as a key aspect.
