Headfirst Slides: Should Water Slides be Safe for Unintended Use? A German Court's Decision
Improper use of water slides should not result in risk, claims court decision - Unauthorized Use of Water Slides Now Held Legally Accountable for Safety Standards
Living on the edge can have dire consequences - just ask the 37-year-old man who ended up paralyzed after sliding down a water slide the wrong way. He decided to take legal action against the water slide manufacturer, pool operator, and inspectors, demanding a whopping 335,000 euros in damages.
At first, the Regional Court of Oldenburg didn't find the defendant parties liable, pointing to warning signs that clearly stated not to slide headfirst on your stomach. The court reasoned that water slides aren't required to promise a risk-free experience when used improperly. Nevertheless, the man decided to appeal.
The Higher Regional Court gave him apartial victory. They acknowledged that the plaintiff indeed had a case against the pool operator and the water slide manufacturer, granting him a claim for damages. However, they also assigned 50% blame to the manufacturer and 40% to the pool operator for ignoring the warning signs.
In the court's opinion, the slide should have been designed to account for foreseeable misuse, a not-so-uncommon occurrence in swimming pools. As a pool user, the plaintiff had the right to expect that a collision with the opposite pool wall wouldn't result in severe, irreversible injuries. A simple fix, such as a larger distance between the pool edge and the slide's end, could have averted this unfortunate accident.
The verdict was handed down on March 26, and the defendants have since filed a non-appeal application with the Federal Court of Justice.
It's essential to note that safety regulations for water slides often incorporate measures to prevent unauthorized access, such as fencing, secure gates, and monitoring systems. These guidelines are put in place to safeguard both users and operators from potential legal and safety pitfalls. For more detailed information on specific safety regulations for water slides in unauthorized use, consulting legal documents or rulings directly from the Higher Regional Court in Oldenburg or relevant German legal resources would be beneficial.
- Even in the realm of recreational activities like health-and-wellness pursuits such as water slides, accidents can occur due to improper use, similar to car-accidents.
- Science could play a significant role in assessing the potential risks associated with unintended use of water slides, leading to improvements in their design for enhanced safety.
- General news outlets might follow up on the ongoing legal discussions regarding the application of Article 93 (2) of the Treaty to the United Kingdom, given the recent precedent set by the Higher Regional Court's decision on water slide safety.
