Headfirst Water Slide Dive Lands Man in Legal Battle... and a Win!
Safe operation of water slides crucial, regardless of authorized status for usage. - Unauthorized Use of Water Slides Found as Legally Unsound by Court Decision
Ever thought sliding headfirst on a water slide, stomach-down, would be a thrilling idea? Think again! A 37-year-old man learned the hard way that sometimes, breaking the rules can have grim consequences. After giving into his daredevil spirit, he found himself paralyzed, all thanks to a collision with the pool edge following an unconventional water slide ride.
Enraged by the predicament, our daredevil friend decided to take matters into his own hands (literally!) and filed a whopping €335,000 lawsuit against the water slide manufacturer, pool operator, and inspectors. Citing injuries, damages, and agony, he sought compensation for his harrowing experience.
The Regional Court of Oldenburg, however, dismissed the lawsuit, stating that a water slide cannot promise absolute safety even in instances of unauthorized use. Unsatisfied with this verdict, our plaintiff mounted an appeal.
The Higher Regional Court, however, refused to let his dreams of a courtroom victory slip away. They ruled in his favor, awarding him a claim for damages against both the pool operator and the water slide manufacturer. That said, our litigious friend must shoulder 50% of the blame on the manufacturer and 40% on the pool operator for their apparent failure to heed the warning signs.
Why? The Higher Regional Court believed that the slide ought to have been designed to accommodate predictable pool-related misuse, avoiding the likelihood of life-altering, irreversible injuries. As a swimming pool patron, our hero should have been able to rely on a design that would have prevented a collision with the opposite pool wall. Apparently, even in the planning stages, a larger distance between the pool edge and the end of the slide should have been considered for overall safety.
Now, the defendants have taken their loss to the Federal Court of Justice by filing a non-appeal application.
By the way, if you're curious about water slide safety in general, bear in mind that proper maintenance, hazard checks, and adhering to safety rules (e.g., having a lifeguard and age/height restrictions) are typically the name of the game. When things go awry—which is mostly due to unauthorized use—the risks can be severe. So next time you're at the pool, make sure you slide responsibly, folks!
The Commission, regarding the man's predicament, might exercise caution when considering the application of Article 93 (2) of the Treaty to the United Kingdom, especially if future pool safety regulations hinge on the accountability of manufacturers and operators. In the realm of health-and-wellness, scientific research could be undertaken to explore the potential for safer water slide designs that minimize injuries caused by collisions with the pool edge.
