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Friday, February 16, 2018

Nuernberg Higher Regional Court Rules that Wet Floors at Pools are Self-Evident Dangers

The High Regional Court of Nuremberg ruled in one of the cases presented, that wet floors in a public pool area are not an unforeseeable safety hazard for a visitor (Az. 4 U 1176/17).
In Nuremberg Germany, a woman visited a public pool with a sauna area. After using the sauna, the woman fell due to the wet floor on the wooden floors alongside the pool area. She broke her toe and suffered a contusion on her tailbone. She sued for damages for pain and suffering and the medical expenses.
She argued that as a guest of the public pool she should have been made aware of the moisture on the floor and should have least been a rubber mat or a caution sign.
The lower court had already rejected her claim, reasoning that public pools are usually wet and that the owner of the public pool had no obligation to put out any further signs or security measures. The lower court argued that an absolute safety in an area with water is unachievable the court argued.
The Higher Regional Court of Nuremberg rejected the claim as well. Adding to the lower court's ruling, it stated that only those dangers needed to be taken care of, of which the guest is not apparently aware. However that the side of a public pool is wet, should be apparent to any visitor. Furthermore the owner of the pool had already installed wooden floors and a handrail to make sure visitors could enter the water safely. There is no obligation to install any further safety features for the visitors, including no rubber mats or safety signs.

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