Oslo municipality is not liable after diving accident

A man sustained severe injuries after diving from Tomtekaia, located at the mouth of the Akerselva River in Bjørvika, Oslo. The quay is owned and maintained by Oslo municipality for public use. The dive was made from a height of approximately two metres, and the man struck a concrete slab covering a district heating pipe situated about 1.30 metres below the water surface. The general water depth in the area was around 1.80 metres. Warning signs were posted on the quay indicating shallow water and cautioning against diving.

The Supreme Court held that it was not negligent of the municipality to have failed to implement further safety measures at Tomtekaia to prevent diving accidents. Nor was it negligent not to have provided more explicit warnings regarding the risk. Particular emphasis was placed on the fact that the area was not designated as a swimming area, and that the municipality had reasonable grounds to expect visitors to make their own assessments of water depth and bottom conditions before diving. The posted warnings were deemed sufficient to deter diving, even though the concrete slab itself was not specifically marked or signposted.

The Supreme Court further concluded that there was no basis for imposing strict liability on the municipality. It was particularly noted that the risk of such an accident was not sufficiently extraordinary compared to the general risks associated with coastal areas.

This judgment clarifies the scope of municipal liability for accidents occurring in areas developed for public use.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Area of law: Tort law, section 2-1 of the Damage Compensation Act

Key paragraphs: 34, 38–42 og 46 

Justices: Falkanger, Falch, Steinsvik, Sivertsen, Lund