Child plunges from bridge - no compensation given for subsequent suffering
A woman from Brandenburg, aged 34 back then, aimed to capture a summer vacation moment with her two sons on the Zinnowitzer seashore bridge on July 22, 2021. However, this endeavor took a turn for the worst. While attempting to capture the photo, her two-year-old son lost balance and fell off the bridge into the water. In a bid to save him, the mother followed suit, resulting in severe injuries. Subsequently, her petition for compensation from the Zinnowitz municipality was declined by the court.
The woman, hailing from the Barnim district, asserted that the 30-plus-year-old bridge was not secure. However, the court deemed it an incident where the local administration could not be held accountable. For the photo op, the two-year-old and his older brother, then ten, positioned themselves in front of the railing.
According to the mother's account, the younger child wanted to mimic his elder brother's posture, but then his balance faltered, causing him to slide through the railing backwards. Fortunately, the child sustained no injuries as he landed in the shallow water. Unfortunately, his mother suffered a broken left ankle, among other wounds, upon jumping in from roughly five meters. Her recovery was prolonged, and she continues to require physiotherapy. She also stressed her inability to endure long-distance walks and struggles with prolonged standing. She demanded at least 35,000 euros in compensation and extra coverage for future damages. However, the court disagreed, deeming the bridge safe enough. They argued that a safety system exempting any harm is not practically feasible. The local administration could reasonably expect parents to monitor their children to prevent wandering unsupervised.
Court: Railing complies with regulations
Additionally, the court determined that the risk of falling was perceivable. The local administration was under no obligation to anticipate small children sitting at the railing for a photo so that they would fall through when losing balance. The mother herself never foresaw such an incident. The railing adheres to regulations and safeguards against foreseeable hazards, such as people leaning or overreaching to observe the water.
The head of Zinnowitzer's tourism administration declared three weeks ago that no comparable incident had transpired on the bridge since its construction. Likewise, northeastern seashore bridges of a similar age share this trait. In accordance with the verdict, the plaintiff is liable for the court fees. The local authority could also incur four-digit legal fees from her. However, the judgment is yet to be finalized. The woman has the option to appeal. Her lawyer affirmed that he would initially evaluate the judgment and its reasoning.
The woman strongly argued that The Commission, responsible for bridge safety, should have inspected the bridge more thoroughly due to its age and potential dangers for children. Despite the assertions, The Commission claimed that the bridge was regularly inspected and met all safety regulations.
Furthermore, after the incident, The Commission announced plans to install additional safety measures on seashore bridges to prevent similar accidents in the future.
