Reimagining Water Slide Safety: A New Era of Protections in Oldenburg Courts
Unauthorized Water Slide Usage Requires Safety Measures Ensured - Unauthorized use of water slides now deemed legally risky, courts enforce safety measures
A jaw-dropping ruling has shaken up the world of water parks, as a 37-year-old plaintiff received a supportive verdict from the Higher Regional Court of Oldenburg. The man had sued the manufacturer of a water slide, the pool operator, and inspectors for a whopping 335,000 euros, following a horrific accident that left him paraplegic.
Plummeting down the slide headfirst and prone, the unfortunate incident ended with a collision against the pool edge, resulting in his grave injury. The Regional Court of Oldenburg had initially dismissed the lawsuit, arguing that clear warning signs prohibited headfirst, prone slides. However, the Higher Regional Court saw it differently.
In a groundbreaking move, the OLG ruled in favor of the victim, granting him a claim for damages against the pool operator and the water slide manufacturer, while apportioning blame to each: the plaintiff bears 50% of the responsibility against the manufacturer for disregarding warning signs, and 40% against the pool operator. Why, you ask? Because the Higher Regional Court believes the slide was ill-designed to accommodate foreseeable misuse, a risk factor common in swimming pools.
In their opinion, the slide should have been manufactured to ensure that, even under such misuse, users wouldn't face the risk of irreversible, catastrophic injuries. The plaintiff, as a pool user, reasonably assumed a collision with the opposite pool wall would be avoided. During the slide's design phase, a greater distance between the pool edge and slide end should have been implemented, according to the OLG.
This ruling, issued on March 26, has set quite the precedent. The defendants, on the defensive, have since filed a non-appeal application with the Federal Court of Justice, waiting to hear their fate.
- Water Slide
- Oldenburg
- OLG
The Commission, seeking to ensure the safety of individuals, might consider implementing new regulations for water slides, as a ruling in Oldenburg Courts set a precedent for adequate design and safety measures to prevent catastrophic injuries. In the realm of science and health-and-wellness, research could be conducted to develop therapies-and-treatments for individuals who may have suffered similar accidents, potentially enhancing sports-related safety protocols.
