Press release 2021/16 of the municipality of Rüdersdorf near Berlin
Until further notice, the jetty at the bathing area on Kleiner Stienitzsee must be closed to bathers, as must the ventilation island. After an expert opinion by the scientific service of the Brandenburg state parliament last year addressed the issue of municipal liability at bathing areas, the public bathing area at Kleiner Stienitzsee was also examined.
Overall, case law in recent years has shifted to the disadvantage of local authorities, making them more liable for possible accidents. Due to the so-called typical bathing attractions (jetty and ventilation island), the municipality of Rüdersdorf bei Berlin would have to provide regular bathing supervision. However, this is not feasible in terms of personnel or organisation.
The second problem with the jetty is the insufficient water depth of around 1.30 m at the deepest point, which means that there is a considerable risk of injury when jumping in. As the existing facilities are not safe to use in their current form, both the ventilation island and the footbridge must be closed off structurally and signposted. This was the result of an enquiry with the municipal damage compensation organisation (KSA, the insurer for local authorities) and an on-site meeting with an expert from Deutsche Gesellschaft für Badewesen GmbH.
A solution is now to be found as quickly as possible for the footbridge in particular, whereby the footbridge can no longer be used for jumping, but can still be used to get into the water via a ladder.
Basically, this problem seems to affect many municipalities and there is a great deal of uncertainty among those responsible.
Mayor Sabine Löser explains: "It is difficult to understand why a jetty that has been in use for decades can no longer be used or requires bathing supervision. At the same time, we must act immediately after being made aware of the liability and the obligation to ensure safety. At this point, I believe that legislators have a duty to create realistic regulations. The current situation is unacceptable, especially in a state as rich in lakes as Brandenburg."