updated26. April 2022, 06:01
In the summer of 2013, a 22-year-old man jumped into the water from a jetty at the Oberrieden ZH outdoor pool. Because he has been paralyzed since then, the municipality has to pay him compensation. There were no warnings posted on the jetty.
The municipality of Oberrieden am Zürichsee has to pay compensation. (icon picture)
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Because a man jumped into shallow water and has been paraplegic ever since, the municipality of Oberrieden has to pay him compensation.
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The community took the verdict to the federal court, but the bather was right.
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The federal court ruling states that the municipality should have put up a warning sign.
Because a young man jumped off a jetty in the summer, he is still paralyzed from the fifth cervical vertebra down. In the summer of 2013 he was with his friends at the Oberrieden outdoor pool, jumped off a jetty in the lido into the water and seriously injured himself. This is because he jumped off just 60 centimeters above the water and hit the ground, like the «Tages-Anzeiger» reported.
The community, as the operator of the pool, relies on personal responsibility, says the community president Martin Arnold (SVP) of the newspaper on request. The man went to court against the municipality of Oberrieden in 2018 to obtain compensation.
Although the 22-year-old’s accident was declared by the district court in Horgen as self-inflicted, it awarded him compensation of CHF 34,500. At the expense of the municipality, which continued the proceedings with an appeal to the higher court. The case eventually went to federal court, which ruled that the municipality must pay.
The jetty not intended for jumping
According to the Federal Supreme Court, the footbridge is said to have exhibited a so-called work defect, the “Tages-Anzeiger” continues. So the bridge should not have been intended for jumping, but this explanation was not enough for the court. In addition, the community knew that visitors to the outdoor pool jump from the jetty into the lake. Due to the obvious danger, the community should have reacted: “A sign with a warning would have been enough”.
At the same time, however, the Federal Supreme Court admitted that the casualty “was well acquainted with the local conditions of the lido”. The mayor did not comment on the question of guilt in relation to the “Tagesanzeiger”. In the meantime, however, a warning sign has been attached to the jetty.
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