In the second instance

Drowning death in Rankweil: Caregiver sentenced

A case from Vorarlberg was heard in the second instance at the Innsbruck Higher Regional Court

(Bild: Birbaumer Christof/Christof Birbaumer)

The caregiver of an impaired non-swimmer has been found guilty of involuntary manslaughter at the Innsbruck Higher Regional Court (OLG) in the second instance following his drowning death in Vorarlberg.

At the beginning of October 2023, a mentally and physically impaired 53-year-old lay lifeless in the swimming pool of a healthcare facility in the Vorarlberg market town of Rankweil. The 26-year-old caregiver at the time stated that she had only left the man unattended in the water for around 20 seconds while she fetched a towel for other charges. The 53-year-old had a so-called swimming noodle in the water for support and had refused to wear water wings.

Shortly afterwards, the caregiver found the man floating motionless in the 1.20 meter deep therapy pool. Together with two colleagues, she immediately began resuscitation measures. In the end, however, they were unsuccessful: the man died eleven days later in the intensive care unit.

Acquittal at Feldkirch regional court
Subsequently, there were legal repercussions in the case. In the first trial, the Feldkirch provincial court still took the view that the caregiver was not to blame. The woman had only been away from the pool for a short time to support other carers and had subsequently reacted quickly and correctly. Complete supervision could not be expected of a caregiver, so the woman was absolved of any blame.

OLG sees breach of duty of supervision
However, the public prosecutor's office appealed and the case ended up at the Innsbruck Higher Regional Court. According to a report in "Neue", the court came to a completely different assessment of the case and overturned the initial verdict. The caregiver is therefore responsible for the death of the 53-year-old. She had not supervised him for at least one minute and had left him alone. She had therefore neglected her duty of supervision, albeit not grossly, according to the argument.

The woman, who had no criminal record, was sentenced in the second instance to a partial fine of 5,400 euros (180 daily rates of 30 euros each). The maximum possible sentence was one year's imprisonment or a fine of 720 daily rates.