Munich court rejects damages claim after balance board accident

The Munich I District Court has dismissed a lawsuit for damages and pain and suffering following an accident involving a balance board at a leisure trade fair. A visitor sustained serious injuries after attempting to use an exhibited balance board without receiving instructions.

The plaintiff argued that the manufacturer breached its duty to ensure public safety by failing to provide adequate warnings, supervision, or security. However, the court ruled that the risk of falling while using a balance board is an obvious danger rather than a hidden or atypical one.

Furthermore, the court found that the claimant used the equipment outside of the designated testing area and at their own risk, despite staff being available to provide instruction. Consequently, the court determined there was no breach of duty by the manufacturer, placing the responsibility for the accident on the user.