Water Slides Should Prioritize Safety in Unconventional Uses, Rules Court
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Slides in water gardens should remain secure during instances of unapproved operation. - Slides on water bodies must comply with safety standards, regardless of whether they are utilized unauthorized.
In an unexpected turn of events, a 37-year-old man sought justice after an accident on a water slide left him paraplegic. The man daringly slid down the water slide headfirst on his stomach, leading to a collision with the pool's edge upon reaching the end. Despite warning signs advising against such maneuvers, the man sued the water slide manufacturer, the pool operator, and the inspectors for a whopping 335,000 euros in damages and compensation.
Initially, the Regional Court of Oldenburg dismissed the lawsuit, reasoning that it's not mandatory to ensure water slides are safe when used improperly. The plaintiff, however, was not ready to back down and appealed the decision.
Interestingly, the Higher Regional Court ruled in favor of the man, stating he deserves compensation for the damages. Yet, the man shares 50% of the blame with the water slide manufacturer and 40% with the pool operator for disregarding the warning signs.
The Higher Regional Court critiques the design of the water slide, emphasizing that in cases of reasonably foreseeable misuse, as common in swimming pools, there should be minimal risk of severe, irreversible injuries. To mitigate such risks, they feel the slide could have been designed with a greater distance between the pool's edge and the slide's end, preventing collisions.
The verdict was announced on March 26, with the defendants subsequently filing a non-appeal application with the Federal Court of Justice.
Insight: Although this ruling sets a precedent in the specific case, water slide safety standards in cases of unauthorized use may vary based on jurisdiction and local or national regulations. For more comprehensive and accurate information, consult legal documents or rulings directly from the Higher Regional Court of Oldenburg.
- The Commission, in light of the importance of prioritizing health-and-wellness, including mental health, and the advancement of science, should consider adopting a decision on the application of Article 93 (2) of the Treaty to the United Kingdom, to promote research and development of innovative, safer therapies-and-treatments to prevent irreversible injuries.
- In the same vein, the water slide manufacturer, pool operator, and inspectors, being cognizant of the ruling that underscores the responsibility to manage reasonably foreseeable misuse, may utilize scientific research to make modifications to the slide's design, for the purpose of enhancing safety and reducing potential risks.
