Went unconventional route out and the benefits impaired

A woman who ran and was injured in a slippery in Reykjavík Sundhöll in 2019 does not receive full compensation as she went out of a hot tub to an unconventional place, as well as she was familiar with the local practice and should be aware of the difficulty in the scene.

This is the conclusion of the National Court, which thus confirms the ruling of the district court and the conclusion of the Insurance Appeals Committee.

In earlier stages, it had been concluded that the city’s insurance company should pay her two -thirds of compensation for the accident, but the woman was assessed with 20% permanent disability after the accident. The woman believed that she was entitled to full compensation.

Stepped up from the pot on the short side

The woman was in a long -term hot tub in the new outdoor area in the Sundhöllin and decided to get out of it on the short side instead of using either of the steps that are at each end of the pot. In the district court’s ruling, it is stated that it stepped up the tray right at the stairs that point to the Watchtower and stood there both feet and then took a step down from the tray down the sidewalk and then fell into the slippery.

The woman stated that she had slipped in the slippery and hit hard on the back as well as running her head.

Do guests just go out in stairs?

With reference, among other things, rules for baths and safety manuals, the woman believed that Sundhallinn’s employees should have taken care of good slippery protection along the whole pot, and not just the stairs. It is stated in her argument that everyone who uses the pool is clear that guests not just get out of the pot at the stairs and considered the pot of the pot to be such that she was offering people to move up on the short side.

The woman believed that steps in swimming pools and hot tubs were to make it easier for guests to get in and out, but that guests were not tied to their use, let alone.

Known problems with slippery protection

The judgment states that the Sundhöllin has struggled with problems when it comes to slippers in the outdoor area and, among other things, had been set up eight signs that warned of slippery and two of them focused on the pot. Then the woman also said she had known that the pool had been closed several times to try to fix the surface of the sidewalk to make the tray stamper. At the same time, she had often come to the pool.

It is therefore the verdict that the woman was aware of special trouble with the anti -slip and was familiar with local practices. Then it would be common for slips and wet to form easily on the banks of swimming pools, especially around the highway. It is stated that despite this, the woman has decided not to use the stairs, but chose to leave the pot on the short side.

Not a recognized way and a safe walkway

The court states that it will not be accepted that it is a recognized way out of this hot tub and that no evidence shows that this is generally practiced by the pool guests. In particular, it is noted that the woman should not be overlooked in the steps herself before she stepped aside, up the edge, and could easily have been able to continue the stairs and from the pot.

It is therefore the judgment of the court that the woman has chosen to go an unconventional route from the pot, despite the fact that a safe walkway has faced and that she should have been aware that there was an increased danger. It is therefore confirmed that the woman bears one -third of the damage herself.