Kernrechtsfrage
Whether the knee injury during fin removal in rough seas qualifies as an accident-like bodily injury under Art. 9(2) UVV.
Extrahierter Entscheid
Yes. The wave action and unstable situation while exiting the water introduced an external factor with increased risk, making the movement no longer a routine daily act.
Extrahierte Begründung
Although removing fins is comparable to removing shoes, the insured was standing on a boat access ladder, could hold on only with one hand, and faced substantial wave motion. This disturbed the movement and created an externally triggered, momentary hazardous event that realized the risk.