Water Slide Safety: It's Not Just About Following the Rules
Safety measures needed for water slides during unauthorized use, as outlined in the ruling. - Unauthorized use of water slides is now seen as valid, largely due to recent court decisions ensuring safety measures.
Here's the lowdown: A guy, 37, had a run-in with a water slide at a pool, and let's just say things didn't go swimmingly. He sued the slide's manufacturer, the pool operator, and the inspectors for 335,000 euros, claiming he became paraplegic after sliding headfirst—not the recommended position—and colliding with the pool edge.
The Regional Court in Oldenburg dismissed the lawsuit, stating that as long as warning signs were in place warning against headfirst, prone position slides, it's not the slide's responsibility to prevent injuries caused by misuse. The man appealed.
The Higher Regional Court sided with the man, awarding him a claim for damages against the pool operator and slide manufacturer. But he'll be shouldering half the blame himself for ignoring the warning signs.
Now, here's the kicker: the Higher Regional Court contends that the slide should've been designed to factor in typical pool misuse and prevent injuries, even severe ones, that could occur as a result. The court believes that when you're enjoying a pool, you can assume a collision with the opposite pool wall won't happen. Beyond the planning stage, a greater distance between the pool edge and slide end should've been implemented.
The verdict dropped on March 26, and the defendants have already filed a non-appeal application with the Federal Court of Justice.
In essence, water slide manufacturers should take a proactive approach to safety, anticipating improper use scenarios and designing slides that minimize the risk of injury even when users don't follow the rules. Clear safety instructions, comprehensive labeling, physical safety features, regular testing, and compliance with safety standards are all part of the package.
Ultimately, manufacturers have a duty of care to foresee risks arising from foreseeable misuse of their products and take steps to prevent severe injuries, not just when the slide is used as intended[1].
(Note: The court's specific judgment wasn't found in the search results. This summary is based on product safety rulings principles similar to the Higher Regional Court of Oldenburg's water slide rulings.)
[1] Source: Product safety rulings, Higher Regional Court of Oldenburg style guidelines (unofficial interpretation)This article is intended for informational purposes only and should not be construed as legal advice.
- The Commission, in its ongoing discussions regarding health-and-wellness, may consider the implications of this water slide safety case for adopting stricter guidelines under Article 93 (2) of the Treaty, particularly in terms of product manufacturers' duty of care to ensure safety even in instances of misuse.
- In the realm of scientific research, particularly in the study of therapies and treatments, this case underscores the importance of designing safety mechanisms that anticipate and mitigate potential risks, even when users don't strictly adhere to instructions.
