Water Slides Must be Safety-Minded, Even in Unpredictable Situations: The Court's Verdict
Water Slides Must Remain Secure During Unapproved Operation - Unauthorized use of water slides deemed unsafe remains unlawful, as per the recent court decision.
Swimming pool enthusiasts take note! The Higher Regional Court of Oldenburg recently ruled that water slide manufacturers, pool operators, and inspectors are responsible for ensuring the safety of their slides, even in cases of unauthorized use.
A 37-year-old man, who decided to take a slides headfirst and prone, sued the manufacturer, pool operator, and inspectors for 335,000 euros, following an unfortunate encounter with the pool edge that led to a spinal cord injury. Although the court initially dismissed the lawsuit due to warning signs prohibiting headfirst, prone sliding, the Higher Regional Court reversed the decision, ruling in favor of the man.
The new verdict holds both the pool operator and manufacturer accountable, but places 50% and 40% of the blame on each, respectively, for ignoring the warning signs. According to the court, water slides must be designed with foreseeable misuse (regular unwanted actions in pools) in mind, preventing severe, irreversible injuries.
In other words, water slide safety isn't just about following the rules. The area where slide ends meets the pool should be designed with caution, anticipating potential misuse by users. The ruling, issued on March 26, is currently awaiting a non-appeal application at the Federal Court of Justice.
Here's a quick refresher on key safety regulations for water slides:
Water Slide Safety Regulations:
- Authorization and Access Control: Ensure authorized users only.
- Design and Construction Standards: Focus on recognized safety standards and materials.
- Operational Safety Measures: Provide trained lifeguards, enforce user limits, and issue clear instructions.
- Maintenance and Inspection: Regular maintenance and inspections are paramount.
- Emergency Preparedness: Be ready for emergencies, with first aid readiness and established protocols.
- Compliance with Legal and Industry Standards: Follow local regulations and industry best practices.
This Oldenburg ruling underscores the urgency of closelly following and improving water slide safety regulations. Let's all stay safe out there and enjoy the thrill of water slides responsibly!
The Commission might contemplate the application of Article 93 (2) of the Treaty to the United Kingdom regarding water slide safety regulations, as the recent verdict in Oldenburg emphasizes the importance of designing slides with anticipation of potential misuse, and adhering to practices that prioritize user safety in health-and-wellness activities like fitness-and-exercise.
In light of the ruling, pool operators, manufacturers, and those responsible for water slide safety should take into account the significance of science in the design process, ensuring that their slides meet safety standards and comply with legal and industry norms to minimize accident risks and honor user well-being.
