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Virginia Beach Woman's Family Recovers Nominal Damages for Wrongful Death/ Negligent Homicide against German Government Official in Skiing Death Case

By Rick Shapiro

The family and widower of Beata Christandl obtained a small, nominal recovery in wrongful death/negligent homicide ruling from a Austrian court relating to her death in an unusual skiing accident that occurred in Austria. Dieter Althaus, a German state governor, was skiing in the wrong direction at an intersection of two ski slopes when he collided with Christandl. She was not wearing a ski helmet, and he was. She died as a result of her injuries. Altaus was essentially convicted of negligent homicide and ordered to pay $6300, together with $41,550 in fines. Is this Austria's form of full compensation for an admitted wrongful death? Clearly, there is something lacking in the court award, but it is unclear how involved the family was in the Austrian court case, and it appears that this action was more a restitution action than what in the USA is called a wrongful death case.

Under the Austrian justice system, Althous essentially admitted negligent homicide in his own testimony where he testified ' I stand by my responsibility, as it is shown by the reconstruction of the accident, although I cannot remember the skiing accident." The widower is a colonel in the Austrian army assigned to the NATO base in Norfolk, Virginia.

I am avid skier and began wearing a ski helmet several years ago after avoiding this very slight inconvenience for several years. There is no question: wearing a ski helmet can save a life as brain injuries can and do occur at ski resorts. Within a few days, I got used to wearing a ski helmet and actually enjoy wearing it as it does keep your head warm, will not slip off in the wind like a cap due to the chinstrap, and these are apart from the obvious safety reasons highlighted by this skiing accident case.

Our law firm has handled skiing accident cases which do not fully involve accidents caused by another skier. Ski resorts cannot be sued for routine dangers associated with recreational skiing, but most state laws allow accident claims against ski resorts for creating a dangerous, artificial condition at the ski resort. What is an artificial condition? Things such as poles, active grooming equipment, fencing and similar artificial structures. In one of our cases, a young woman suffered a significant knee injury when the ski lift operator failed to promptly hit the correct button after snowboarders bumped into her while she was getting ready to get on the chair lift. We alleged that the ski lift operator accidentally hit the wrong button actually. In another case involving an injured client we alleged that an artificial condition, a flimsy plastic barrier, did not prevent the client from a falling over a steep embankment.

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the Northeast North Carolina (NC) border, practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a video library covering many FAQ's on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Rick Shapiro

Full post as published by Norfolk-Portsmouth Personal Injury Lawyer on March 05, 2009 (boomark / email).