Three -year -old boy drown in Burghausen: Who is responsible?

Three -year -old boy drown in Burghausen: Who is responsible?

on Friday evening, May 23, a tragic accident occurred in Burghausen. A three -year -old boy drowned in a garden pool after he reached a foreign property unnoticed from a nearby playground. The child's mother alarmed the police around 7:30 p.m. because she could not find her son. Unfortunately, the property owner had already found the child in his pool and tried to revive it before the emergency services arrived. These sad circumstances raise numerous questions about liability and traffic safety, which are currently being examined by the criminal police [ rosenheim24.de ] reported.

The pool in question was partially embedded and had a water depth of 1.25 meters, which is extremely dangerous for toddlers. Christian Straub, a specialist lawyer for criminal law, explained the traffic safety obligation of the property owner. This obligation requires measures to avoid dangers, such as robust covers or security fences around the pool. A negligent non -compliance with this obligation could lead to criminal consequences. The Traunstein public prosecutor is now checking whether the traffic safety obligation has been violated. The possible violation of the mother's duty of supervision will also be the subject of the investigation.

traffic safety obligation and liability issues

In Germany, many owners of garden ponds and pools are not aware of the dangers and liability risks. Children can drown in both flat and deep waters or even die of suffocation from "dry drowning". In 2000, DLRG recorded 17 deaths, mostly in children, in connection with accidents in garden ponds or pools. Liability lies in accordance with Section 823 of the German Civil Code, which is also responsible for the condition of the property, regardless of whether he is the owner [ ra-kotz.de ]

It is therefore of central importance that necessary precautions are taken to protect third parties. This can be done through physical barriers such as fences or lighting. In the event of violations of the traffic safety obligation, claims for damages from legitimate relatives can take place, which can amount to several thousand euros. In addition, insufficient protection can also result in civil and criminal consequences. The parents are also responsible, especially with regard to the duty of supervision about small children. This always applies, even if the children are in childcare facilities.

prevention measures

With an increasing number of private swimming pools - around 130,000 in Austria alone - the security requirements for these waters have also increased. Property owners are obliged to secure sources of danger. Security measures should already be taken into account when planning and building pools. This includes non-slip borders and pool covers that can keep children away from the pools, but also recover risks if toddlers cannot assess the dangers [ Kommunal.at ]

In order to avoid drowning accidents, insurmountable fences with self -closing doors are one of the safest methods. These effectively secure pools and garden ponds. Child -proof pool managers and alarm systems are further preventive measures, but they cannot replace the necessary supervisory obligation. Infants must always be supervised in the immediate vicinity of waters, while larger children should remain within sight.