Water Slide Safety: Court Rules for Unforeseen User Mishaps
Unauthorized water slide use should also adhere to safety standards, as per the court's ruling. - Slides on water body are now mandated to ensure safety for unauthorized use.
In a shocking turn of events, a pool enthusiast, 37, had a horrific experience on a water slide that left him paraplegic. Sliding down on his stomach, head first, he collided with the pool's edge upon reaching the end, triggering a lawsuit against the water slide manufacturer, pool operator, and inspectors for a whopping 335,000 euros in damages.
The Regional Court of Oldenburg dismissed the claim, asserting that a water slide does not guarantee safety in all situations, especially when used improperly. The plaintiff appealed the decision.
In a surprising turn, the Higher Regional Court sided with the man. He received a claim for damages against the pool operator and the water slide manufacturer, though he was found accountable for 50% of the fault against the manufacturer and 40% against the pool operator for neglecting warning signs, according to the OLG.
The court argued that slides should be designed to withstand predictable misuse in swimming pools, no matter how common, to prevent severe, irreversible injuries. As an unsuspecting pool user, the plaintiff assumed a collision with the opposite pool wall was unlikely, and the planning phase should have considered a larger distance between the pool edge and the end of the slide, the court added.
The court ruling was declared on March 26, with the defendants filing a non-appeal application with the Federal Court of Justice.
What Should a Water Slide Look Like for Safety?
- Regular Maintenance: Water slides must be rigorously inspected and maintained to ensure their excellent condition and proper functioning.
- Operator Supervision: Trained personnel should monitor water slide usage to prevent unauthorized or unsafe practices.
- Safety Signage: Clear signs should be posted to inform users of safety rules and potential risks.
- Emergency Procedures: Facilities should possess emergency response plans in case of incidents, along with first aid kits and access to emergency services.
However, for specific legal rulings, such as the Higher Regional Court in Oldenburg's, one must consult legal records and documents directly related to the case.
- The Commission, given the ruling of the Higher Regional Court on water slide safety, might consider adopting a decision on Article 93 (2) of the Treaty to implement stricter regulations for water slide manufacturers, ensuring slides are designed to withstand predictable misuse for the health-and-wellness of users in the United Kingdom.
- In the realm of science, researchers could analyze water slide accidents, such as the one in Oldenburg, to study patterns in unforeseen user mishaps and develop preventive strategies, leading to improved health-and-wellness and water slide safety standards worldwide.
