OGH: Safety Requirements for Ropes Courses

Mar 15, 2024 Benn-Ibler Rechtsanwälte

The scope and strictness of safety requirements depend primarily on how well users can identify and counteract potential hazards.

The plaintiff was a visitor to the defendant’s high ropes course. Before using the course, all visitors are required to take a compulsory introduction where they are given explanations on how the safety equipment is used. In addition to using the mandatory pulley karabiners, a pulley must be attached to the carrying rope when using a zip line.

Contrary to instructions, the plaintiff failed to attach the pulley and attempted to go with dynamic force. As a result of this mistake, he dropped so low that he struck his buttocks against a tree stump protruding from the ground, sustaining serious injuries.

The plaintiff claimed EUR 15,500 from the defendant. The lower courts found that the defendant was at fault for breaching their duty to ensure safety, and that the plaintiff was at fault in a ratio of 1:2.

The OGH confirmed these decisions.

The plaintiff would not have hit the stump if he had followed the instructions. Even if he had used the pulley and the safety carabiner correctly, he would still have hit the tree stump if he had entered the zip line under dynamic load, for example by jumping or stumbling into the zip line. This must have been obvious to the defendant in advance when a full load test was carried out.

The defendant’s failure to remove or secure an obstacle creating a risk of collision is ultimately less significant than the plaintiff’s carelessness. Contrary to the instructions and the clear signposting, the plaintiff did not use the primary pulley as required. This conduct must be considered serious personal negligence and not merely a minor breach of the duty of care. The defendant did draw attention to the correct use of the zip line by means of instructions and signs. However, he was found negligent for failing to secure a dangerous obstacle.

OGH 4 Ob 223/23g (25 January 2024)