Gericht: Kein Schadenersatz: Unfall mit Balance Board: Messebesucher geht leer aus
Wer auf Messen Sportgeräte ausprobiert, tut das auf eigenes Risiko. Geht etwas schief, können Messebesucher den jeweiligen Aussteller laut Gerichtsentscheid nicht per se zur Rechenschaft ziehen.
A Munich Regional Court (32 O 10198/25) has ruled that visitors cannot expect compensation or damages from a fairground exhibitor following an accident involving a balance board at an exhibition. The court dismissed a lawsuit filed by a visitor who suffered severe injuries while trying out the device without prior permission from a staff member.
The injuries required two emergency operations, six weeks of incapacity for work, and a longer period of rehabilitation, leaving the individual with a permanent elbow restriction. The visitor claimed compensation for breach of traffic safety duty, lack of warning signs, and insufficient padding, but the court denied his claim entirely.
The court ruled that while exhibitors generally have a duty to ensure traffic safety, the principles for sporting events apply for such devices. Consequently, the exhibitor's duty is limited to protecting against unforeseen and insidious dangers not immediately apparent to the user. In this case, the risk of injury from the balance board was evident and widely known.
The court stated that the visitor acted at his own risk by testing the device independently and did not expect any compensation from the exhibitor.
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