Accident in Jochberg – tree fell on woman: the question of liability

In the wrong second in the wrong place: A walker (64) had great bad luck on Friday afternoon in Jochberg in the Tyrolean district of Kitzbühel. As reported, she was hit by a falling tree and seriously injured. The question: Who is liable?

Like winning the lottery six – unfortunately in a negative sense: Around 4:15 p.m. on Good Friday, the German was hiking on the Römerweg when suddenly there was a crack in the forest above and a rotten deciduous tree fell over. “He hit the woman on the head,” the police said. According to initial reports, the 64-year-old suffered a traumatic brain injury. She was treated by the rescue service and the team of the C4 emergency doctor helicopter and flown to the accident hospital in Salzburg. “It was really a very stupid coincidence,” shakes Florian Stanger from the Jochberg fire brigade. His troop cleaned up and, as a precaution, also removed other trees that threatened the footpath, cycle path and road. The Römerweg is the old connection to Pass Thurn. Suspected negligent bodily harm As always with such accidents, the question of liability arises. “A complaint will be filed with the public prosecutor’s office on suspicion of negligent bodily harm,” said a police spokesman. At most, it could have civil consequences. With the question: Who should have kept an eye on these trees above the public path? It’s about the consequences of injury to the victim, compensation for pain and suffering, etc. “It has not yet been clarified whether the forest belongs to the federal forest or to a private person,” said Mayor Günter Resch.
source site-12