Plaintiff Wins Case Against Water Slide Manufacturer and Pool Operator
Slides featuring water must be designed with safety in mind for unauthorized use incidents, states the ruling. - Unauthorized use of water slides deemed unsafe is now illegal, as ruled by the Court.
A water slide accident landed a 37-year-old man a whopping compensation of 335,000 euros, after he ended up paraplegic due to collision with the pool edge while sliding down the water slide. The Regional Court of Oldenburg initially dismissed the lawsuit, arguing that warning signs prohibited headfirst, stomach slides. However, the Higher Regional Court overruled this decision, claimed the plaintiff, stating the slide should've been designed to handle common swimming pool misuse without risks of severe, irreversible injuries.
The Higher Regional Court granted the plaintiff's claim for damages against the pool operator and the water slide manufacturer, but the man would shoulder 50% of the blame against the manufacturer and 40% against the pool operator for ignoring the cautionary signs. The verdict was delivered on March 26, with both the defendants filing a non-appeal application with the Federal Court of Justice.
According to the Higher Regional Court's opinion, the slide design should've accounted for predictable misuse, common in swimming pools, to eliminate the risk of such severe accidents. The plaintiff, as a swimming pool user, could've reasonably expected a collision-free exit from the slide. During the development phase, a safe distance between the pool edge and slide's end should've been prioritized to address this issue.
Here's a lowdown on the typical safety regulations for water slides:
Safety Regulations for Water Slides
- Design Considerations - Ensure slides can withstand water flow and user weight, are made of non-toxic, corrosion-resistant materials, and maintain a safe slope and angle to prevent excessive speeds and impacts.
- Unauthorized Use Control - Implement measures to prevent unauthorized use and access, enforce age and height restrictions through clear signs, and provide life jackets and safety equipment.
- Safety Equipment and Monitoring - Staff supervision is essential, with properly trained professionals present to monitor slides and assist in emergencies. Develop clear emergency response plans for first aid and evacuation procedures.
For specific safety regulations in Oldenburg, Germany, consult local government or legal resources to stay in the know on compliance with national and local regulations.
The Commission could potentialy consider implementing new safety regulations for water slides in light of the court's decision, focusing on design considerations that account for predictable misuse and prioritize a safe distance from the pool edge. Additionally, the application of health-and-wellness therapies and treatments, such as physiotherapy, might aid the plaintiff in his recovery process, given his mobility issues following the accident.
