Pärnu spa and trainer found guilty of causing client's death through negligence
Tallinn Circuit Court overturned a not guilty verdict from Pärnu District Court and found Health Paradise spa and lifeguard trainer Gert Kuusik guilty of causing death through negligence.
Pärnu spa and trainer found guilty of causing client's death through negligence
Tallinn Circuit Court found Pärnu spa company Health Paradise and Gert Kuusik, who worked there as a senior instructor, guilty of causing death through negligence. The court completely overturned the earlier Pärnu District Court ruling, which had found both parties not guilty.
The circuit court sentenced Kuusik to one year and three months imprisonment, but the sentence was suspended. The man must refrain from committing a new wilful crime over the next year and a half.
The business entity Health Paradise OÜ was ordered to pay a fine of €50,000.
The court fully granted the civil claim, which sought compensation for both material and non-material damages.
According to the accusation, Kuusik breached his work duties while employed as a senior instructor at Health Paradise spa-hotel. According to the prosecution, he did not ensure the safety of clients at the water park, as a result of which one visitor did not receive timely assistance and died.
The company Health Paradise was also charged with causing death through negligence.
At the hearing in Pärnu District Court, Kuusik and Health Paradise were found not guilty of causing death on 20 January last year. The civil claims were also dismissed.
The circuit court initially upheld the district court's ruling, but the Supreme Court overturned it in April and sent the case back to the circuit court for reconsideration.
Tallinn Circuit Court found that Kuusik breached his duty of care on 11 March 2023, when he entrusted lifeguard trainer duties to a Health Paradise employee who lacked the necessary qualifications, skills and training.
Since Health Paradise's liability stemmed from Kuusik's actions and there was grounds for the company to assume responsibility due to negligence, the business entity itself is liable.
The ruling has not yet entered into force and may be appealed to the Supreme Court within 30 days. Health Paradise told ERR it intends to do so.
Source: ERR
Source: ERR News