Child healthy again – child fell out of window: acquittal for mother

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After her then two-year-old daughter fell from a window, a 31-year-old mother was not legally acquitted by the Linz regional court on Tuesday. The woman had been in the bedroom with the child and must have fallen asleep. Meanwhile, the little girl climbed onto the windowsill and fell 13 meters down. The child was seriously injured, but is doing well today, according to the mother.

The woman was pregnant at the time of the accident in May and had been lying down a bit. The father was in another room. The daughter, who had a fever that day, was watching cartoons on her mobile phone with her mother. It was not entirely clear whether the window was open at the time. The defendant and her husband said it was closed.

The two-year-old may have tried to open a window herself in the past, but was never successful. When the woman fell asleep, the child fell from the fourth floor, suffering a basilar skull fracture and multiple fractures in the arms.

“You have to form your own opinion”
“It was our fault, we didn’t pay enough attention,” said the father, who was called as a witness. His wife agreed with this statement. ‘I don’t know if you’ve always paid enough attention. You have to figure that out for yourself,” the judge said. However, he concluded that there was no gross negligence and acquitted the woman. The verdict is not final because the public prosecutor has not made a statement. A conviction for negligent bodily harm would have resulted in two years in prison.

According to counts from the APA and the Austrian Road Safety Council, there have already been at least 17 cases of falls from windows this year, eight of them in Upper Austria alone.

Source: Krone

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