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Three years ago, a pike bit the foot of a seven-year-old swimming pond in Hofstetten-Grünau (district of St. Pölten-Land). The now valid judgment of the district court of St. Pölten provokes a stir among the mayors throughout the country: The municipality must pay 14,000 euros. The court argues that the mayor, as the holder of pike living in the pond, did not provide the necessary care and supervision. "How we should do this, I am not clear.After all, a pike can not be muzzled," says Mayor Arthur Rasch (ÖVP). pond was too high.
Meanwhile, it was fished out .How it's going is not clear. "Quickly considered, though he does not take any stock of predatory fish:" bite again a fish a bather, I am a Wiederholungstäter. "For the ecology of a pond, predatory fish are indispensable, because through them the stock of fish is regulated.Other option is to lock The bathing pond – because a board "bathing at your own risk" does not protect you from punishment.
"Once a fish bites a bather, I am a repeat offender." Arthur Rasch, Mayor of Hofstetten-Grünau
In Berg in the district of Bruck we try anyway. pike bit a bather years ago. A claim for damages, however, remained from. "I find this verdict more than questionable Will the mayor be responsible for bites of foxes or martens in the future?" Asks Mayor Andreas Hammer (SPÖ) After the verdict against Hofstetten-Grünau , concrete warning signs on predatory fish will be installed at the recreation center
But what about the storage of fish in bathing lakes and bathing lakes? That is the question before which, according to this judgment, all the other communities are also held. "Michael Schwarz, president of the Lower Austrian Bar Association, considers that the municipalities have the duty:" If the municipality had better managed the pond and had been fishing regularly, she would not have committed fault. "The mayor was convicted for failure to respect bathing conditions, One outcome is that communities employ a fish expert or buy in the competence.
Av ec an information campaign respond to community representatives. "We live in a constitutional state and have to make judgments of attention.We use judgment as an opportunity to inform communities about situations of responsibility for bathing ponds," says Alfred Riedl (ÖVP ), president of the federation of communes
Rupert Dworak (SPÖ), president of the local federation, who are responsible for public institutions The concern that the communities now close bathing basins to avoid complaints that Dworak does not, however, he advises to take out legal insurance.
The judgment is noted with great interest in the state capital.The city of St. Pölten has two bathing lakes very frequented, the Ratzersdorfer See and the Viehofner See. "The danger of being struck by lightning at the lake during a thunderstorm is several times higher than the risk of being bitten by a pike", said Kurt Rameis of the magistrate A restriction of
bathing in the lakes St. Pölten is therefore not an option. Legally, the city is cautious because there is an external fisheries management for years
Communities are more and more responsible
The consequences of a judgment like this, the St. Pölten do not know it too much: In 2008, during a storm, a poplar from Josefstrbade crashed into a convertible on the move. A woman is dead. The city had to pay 140,000 euros because they could not prove that the 80-year-old tree was expertly badessed every six months. The result: Since then, St.
Pölten has a management of trees and in many places in the country when in doubt, according to the motto "Sure is safe" a rather preserved tree.
A similar verdict currently heated in the district of Gmünd spirits: The municipality of Großschönau has to pay, because a 63-year-old man crashed into an icy street banquet and broke his thigh . An exclusion of the winter service banquet was grossly negligent, as was the verdict of the Supreme Court. "If land banquets that are still undeveloped need to be cleaned up and dispersed, the question is: who should organize, carry out and pay," says village chief Martin Bruckner (ÖVP).
Cooperation: Markus Lohninger, Susanne Müller and Karin Pollak
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