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Amsterdam does not have to pay damages to swimmer (33) paralyzed after diving at Bogortuin

Amsterdam does not have to pay damages to swimmer (33) paralyzed after diving at Bogortuin

An appeals court has ruled that the municipality of Amsterdam is not liable for the severe injuries sustained by a man who was paralyzed after diving into shallow water at the Bogortuin swimming spot. The court determined that swimmers bear personal responsibility for assessing water depth and that the city was not obligated to install additional safety warnings.

More than six years ago, Peter van Burk, then 30, sustained a severe spinal injury after diving into the water at Bogortuin on Java-eiland in Amsterdam. The incident occurred after he went for a run and jumped head-first into shallow water near concrete steps, resulting in paralysis and other serious injuries. Van Burk initially sued the city, arguing that the municipality failed to provide adequate warnings about swimming risks at this popular public location. A lower court previously ruled that the city held 80 percent liability for his damages.

However, an appeals court has now overturned that decision, ruling that the municipality of Amsterdam is not liable. The court concluded that the risks of diving into unknown, shallow water are common knowledge and that the shallow nature of the water was visible from the quay. The judges stated that the city was not required to install warning signs or fences because such a dangerous maneuver was unexpected. Consequently, Van Burk is not entitled to damages and has been ordered to pay over 12,000 euros in legal costs.

Based on reporting by parool. Translated and condensed by LocalHeadlines.

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