No railing

Graz lawyer falls to his death: couple in court

A tragic accident occurred at a lake house on the Copacabana in Kalsdorf, south of Graz.

(Bild: Jauschowetz Christian/Christian Jauschowetz)

A well-known lawyer from Graz fell over a balcony landing after visiting a couple who were friends and died a few days later. The hosts are now on trial for grossly negligent homicide because they allegedly failed to install proper railings for years.

It was probably a cheerful summer evening on a terrace at the Copacabana bathing lake south of Graz - which ended in tragedy. A well-known lawyer and real estate developer from Graz had come to visit his neighbors and friends, a married couple, on his electric boat on 23 August of the previous year. There was a party and plenty of alcohol is said to have been consumed.

As reported, the man staggered against a temporary building fence on a balcony platform when he wanted to go home. The fence gave way, the lawyer fell three meters and landed on a metal staircase. He suffered a broken neck and a basilar skull fracture and died in hospital a few days later. 

The defendants had known about the potential danger for more than ten years.

Der Staatsanwalt zum fehlenden Geländer

"A terrible accident"
On Monday, the host couple (aged 50 and 52) had to answer for grossly negligent homicide by omission at the Graz Regional Criminal Court. The public prosecutor spoke of a "terrible accident", but also emphasized that the death could have been prevented if the balcony had been secured with a proper railing as prescribed. "The defendants knew about the potential danger for more than ten years," said the prosecutor. "They already bear moral responsibility, now it's a question of criminal responsibility." 

The couple had to answer for the tragic accident at Graz Criminal Court on Monday.

(Bild: Christian Jauschowetz)

The 50-year-old man and his 52-year-old wife did not confess to the charges in court, as was already the case during the investigation. His clients had "in no way acted with gross negligence", said their defense lawyer and emphasized that the defendants had never thought that the construction fence would not withstand such a load. It had been weighted down with concrete feet and fastened with several cable ties.

Question of alcoholization
The defense lawyer also emphasized that the accident victim weighed 125 kilos and had lost consciousness due to cardiovascular problems. Witnesses are still to clarify whether and to what extent the lawyer was intoxicated. At the time of the autopsy, days after the accident, there was certainly no alcohol in his blood. 

Another point of contention in the case is the responsibility for erecting the railing. After the couple had owned the property for around ten years, they had finally sold it and only lived there as tenants. The rental agreement had also stated that a glass railing was to be erected. However, the investigations against the owner company and the municipality responsible as the building authority are still being conducted separately anyway. 

For the representative of the deceased lawyer's surviving dependants, however, one thing is clear: "The defendants disregarded the Styrian Building Act for ten years and did not consider it worth the effort to erect a proper railing." He also contradicts the assumption that the man was heavily intoxicated at the time of the accident. 

The trial is likely to drag on, with the judge appointing a construction expert and several witnesses. Adjourned.