There is a painful disaster in Green Lakes – I will never forget these days in my entire life.

The Vilnius Regional Court has announced that the municipal administration of the capital will have to pay the injured woman 800 euros in moral damages, as well as more than 600 euros in legal costs. This is a much lower amount than requested by the victim – he estimated the experiences at 5,000. EUR.

The accident at the playground on Green Lakes beach in the capital happened three years ago when a young mother visited him with a small child. While this was playing, the mother decided to sit on the swing set up in the field.

“I couldn’t even properly sit on them when they stopped and I fell to the ground,” the Vilnius resident told the court.

She said she suffered a serious leg injury: Doctors who took the woman to the hospital diagnosed fractures of both ankles in both ankles and torn ligaments and tendons. At the hospital, the patient underwent surgery and the fractures were secured with a metal plate and screws. For a while it was more difficult for him to move, he needed crutches and then he underwent rehab.

The woman, who filed a lawsuit in court and prosecuted the Vilnius city municipal administration, stated that due to the trauma she had not been able to manage her home for a long time, she had to learn to walk independently again and was restricted. active leisure. .

“I have another operation planned and rehabilitation awaiting her, with lasting scars on my leg,” the plaintiff told the court that she would feel the effects of the trauma for the rest of her life.

According to her, there were no warning signs next to the playground, nor was it indicated that the playground was not safe to use, nor were there instructions for use, for example, the weight of the swings available to people.

“The playground is located in an area that belongs to the Vilnius city municipality and is therefore responsible for the maintenance of that playground,” emphasized the applicant, that all the equipment on the playground is safe and usable.

According to the victim, if the municipality decides to install the adequate infrastructure for the recreation of the people, it also has the obligation to organize the maintenance of the installed infrastructure.

“In this particular situation, it was the Vilnius city municipality that did not take adequate steps to appoint a responsible person to supervise the playground in Green Lakes,” he said.

At that time, the Vilnius city municipal administration disagreed with the statements made by the woman and pointed out that in 2011, she entered into a service contract with the Grinda company, by which she commissioned this company to provide services for bathing and water recreation on the beaches of Vilnius.

“The bathing season on the beaches of Vilnius begins on June 1. and continues until September 15, during which time the playgrounds on the beaches are constantly maintained and maintained ”, – emphasized the municipal lawyers who kept the beach and the Green Lakes playground, but neither from Grinda nor from the population .

“The alleged damage was caused by the applicant’s own negligence; it should be understood by any moderately caring and intelligent person and without a separate information note that the playground is intended for the entertainment and use of children and not adults,” the representatives said. .

They also emphasized that the victim had not substantiated allegations of moral damage and difficult emotional state when claiming compensation for the non-pecuniary damage suffered: damage ”.

“ Medical records show that the applicant’s leg was immobilized at the ankle with a removable splint, which was recommended only after sleeping six weeks later, and the applicant did not provide any evidence that her condition was so serious after the leg surgery that needed care or nursing ”, – according to municipal lawyers, the woman did not prove the necessary condition for the occurrence of civil liability – damage.

The Grinda Company, a third party involved in the case, also disagreed with the claims, emphasizing that the contract signed with the municipality did not include the Green Lakes playground in the facilities supervised by the company.

“The company had not received an order from the municipality to repair or maintain the playground in Green Lakes,” Grinda said.

They also highlighted that the accident at the playground occurred after the end of the bathing season.

“The plaintiff had to be diligent and proactive in properly assessing all the circumstances and whether her health would not be in danger when she planned to swing on a children’s swing,” the attorneys guilty of damages said.

However, the Vilnius Regional Court, which examined the case and did not agree with such statements, partially satisfied the claim of the Vilnius young woman who fell from the swing and was injured.

According to the judges, the playground belonged to the Vilnius city municipality, and the Grinda company undertook to provide bathing and water recreation services on the beaches of Vilnius, as well as the preparation and maintenance of playgrounds for the season. bathroom. However, the court noted, the maintenance of the children’s play complex on the shores of Green Lakes was not transferred to the company.

According to the judges, according to the law, the damages caused by the collapse of buildings, structures, equipment or other structures or other defects thereof must be compensated by the owner (administrator) of these objects, therefore, according to the judges, owners and legal. The administrators of damage caused by demolitions or other defects, even when all available measures were taken, were careful and attentive to prevent the damage from occurring, but it did happen anyway.

“The broken swing at the playground near Green Lakes belonged to the Vilnius city municipality, the maintenance of this playground was not transferred to a third party;

Although the representatives of the municipality and Grinda stated that the playgrounds are intended for the use of children and not adults, the victim assumed the risk of his behavior and the possible negative consequences of his behavior when using a children’s swing, but according to the judges Just the fact that the young woman took advantage of the swing does not in itself mean much negligence on her part.

“The municipality has not provided a photograph of the swing that shows that the swing is clearly designed for use only by children, that the swing was marked with warnings indicating that the swing is intended for children only, or that the maximum weight of the person who uses the swing, the swing was significantly less than the weight indicated by the plaintiff (around 50 kg) ”, emphasized the panel of judges chaired by Judge Rūta Burdulienė.

According to the court, due to a left ankle fracture, surgery, postoperative, rehabilitation treatment, the victim experienced pain for more than 3 months, as well as discomfort from limited access to walk.

“Three months after the injury, the plaintiff still needed outpatient rehabilitation due to limited and painful movements of the left ankle, hypotrophy of the left calf muscle, difficulty walking and climbing stairs, irregular gait and a limp,” the court emphasized in the judgment.

After examining the circumstances of the case, the panel of judges acknowledged that the victim had not provided evidence that she would feel the consequences of the injury in the future, nor did she have data on the actual negative consequences of the injury on her personal professionalism. or received social sphere.

“The non-pecuniary damage suffered by the plaintiff as a result of the injury is estimated at 800 euros,” the court said in a ruling that came into effect immediately after the announcement.