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Thunderstorms in the outdoor pool - risks - legal basis - solution


Risks

Thunderstorm risk is a recurring challenge in outdoor pool operations. In the course of global warming, most climate experts expect an increase in local storms and thunderstorms. Hardly any expert today denies that climate change is associated with high risks.




Legal basis

The basis for claims for damages due to lightning damage are, in particular, the so-called traffic safety obligations according to § 823 paragraph 1 BGB (German Civil Code), or, in the case of publicly owned swimming pools, § 839 BGB in conjunction with. Article 34 GG. According to case law, the operator of a swimming pool has a fundamental duty to prevent hazards associated with the intended use of the swimming pool (BGH in VersR 1980, page 67).

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