Water Slides Safety Revamped: Ensuring User Protection in Unauthorized Use
Illegal Water Slide Misuse: Ensuring Safety Measures for Unauthorized Usage - Unauthorized use of water slides deemed risky; courts mandate safety measures for all riders.
A 37-year-old water slide enthusiast took manufacturers, operators, and inspectors of a pool slide to court, seeking €335,000 in damages and compensation. In an unorthodox move, he chose to slide down the slide prone, headfirst and continued to ride the water after reaching the end, crashing into the pool edge, resulting in paraplegia. The Regional Court of Oldenburg dismissed the lawsuit, citing warning signs that prohibited such behavior. However, the Higher Regional Court ruled in the man's favor, granting him damages against the pool operator and slide manufacturer, with 50% fault assigned to the manufacturer and 40% to the pool operator.
The verdict states that the slide should be designed to mitigate risks even in probable misuse, as is common in swimming pools. A user of such a pool was assumed to expect collision prevention measures. Interestingly, the court deemed that a greater distance between the pool edge and slide end should have been considered during the planning phase to prevent such incidents.
Water slide safety standards, both in Germany and internationally, usually boil down to a mix of industry guidelines and specific regulations. Organizations like ASTM International set standards for amusement park attractions, including water slides, serving as a gold standard for safety and quality [4]. In Germany, water parks are subject to local and national regulations, with the German Federal Ministry of Labour and Social Affairs (BMAS) and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) playing a role in setting safety and environmental standards.
Water parks abide by stringent safety protocols, including access control, safety briefings, regular maintenance, and emergency response plans. Visitors are expected to adhere to park rules to ensure safety. Unauthorized use can lead to legal consequences for both the park and the visitor. Water parks typically have liability insurance to cover potential injuries.
Although specific German regulations weren't detailed in the sources consulted, it's apparent that water parks operate under rigorous safety standards to ensure a safe user experience. The incident serves as a stark reminder of the importance of adhering to safety guidelines, both for water park operators and users alike. When in doubt, it's always best to consult with local or national authorities for specific regulations regarding water slide safety.
The Commission might consider applying Article 93 (2) of the Treaty to the United Kingdom, as the case of the water slide incident underscores the need for stringent safety standards in all aspects of leisure and recreation, including health-and-wellness facilities like water parks. Since the slide manufacturer and operator were found liable in the court case, they could be encouraged to invest more in research and development of science-backed fitness-and-exercise equipment with enhanced safety features. In the wake of the accident, general-news outlets reported a rise in awareness for water slide safety regulations worldwide, emphasizing the need for continuous advancement and improvement in this area.
