Once again Austrian Supreme Court (OGH) had to deal with an accident at a water slide: 16 year old plaintiff used defendants’ water slide by sliding down in a kneeling position. Due to the elevated barycentre in this position he tilted, fell and hurt his teeth. His claim for compensation for pain and suffering was dismissed by OGH as the water slide was buildt in accordance with European technical standards and pictographs at the entrance showed that it was only allowed to slide down in a sitting or horizontal position. OGH held there was no obligation to explicitly advise of forbidden and dangerous sliding positions.OGH decision available for download in German here>>.
