Augsburg: penal order against tree inspector – Bavaria

After the death of a small child by a falling tree in Augsburg, the district court there issued a penalty order against a municipal tree inspector. The Augsburg public prosecutor’s office announced on Friday that he “is accused of not having noticed any abnormalities during the last check of the tree population in May 2020 that gave evidence of fungal infestation”.

Accordingly, he omitted further investigations and thus did not recognize the lack of stability of the tree. “According to the result of extensive expert reports, the danger emanating from the tree would have been recognizable,” said the prosecution.

The 20-month-old girl was playing with her mother in a playground in July last year when a maple tree with a diameter of 60 to 80 centimeters fell and hit the two. The then 28-year-old mother and child were seriously injured in the incident in a park in the Oberhausen district, and the girl died shortly afterwards in the hospital. After the accident, the city temporarily closed several playgrounds and initiated a fundraising campaign for the affected family. The penalty order is not yet final.

The public prosecutor’s office accuses the tree inspector of negligent homicide and negligent bodily harm. If the man does not appeal the penalty order, he must pay a four-digit fine to a non-profit organization. In addition, a fine of 120 daily rates was suspended for two years. If the 56-year-old lodges an objection, there will be a court hearing. The city of Augsburg initially did not comment on the penalty order.

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