Max’s tragic case – 40,000 euros in pain and suffering claimed for his deceased son

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In September 2020, a couple lost their beloved child: their 16-year-old son. The cause of death was acute pulmonary embolism. However, it turned out that the young person had previously consumed narcotics at a drug party. Now the parents are suing a Tyrolean youth institution for bereavement compensation.

When he was only 16 years old, Max’s (name changed) life came to an abrupt end. As reported in detail, the young Tyrolean was found dead in his own bed by his mother three years ago after celebrating a drug party with other young people in an Innsbruck apartment the night before. The official cause of death was determined to be acute pulmonary embolism, but Max’s parents and their lawyer Markus Abwerzger are convinced that the boy died as a result of excessive drug use.

“Supervisory duties were grossly neglected”
Now the tragic case had consequences for the Innsbruck Regional Court. The parents are demanding 40,000 euros in damages from a Tyrolean youth institution that provided and managed the ‘drug apartment’ for a 16-year-old girl. “The care and supervision were insufficient in our opinion,” Abwerzger said during the civil case, emphasizing that the parents were not concerned about money. “We want to show that something went wrong here and that the duty of supervision has been grossly neglected.”

From a legal perspective, “a rocky road,” the judge replied immediately at the beginning of the hearing. “What was the association’s illegal behavior and what should it have done?” she wanted to know. During the nighttime inspection, which in the eyes of the plaintiff did not really exist, apparent drug dealers should have been evicted from the apartment, among other things, and the persons entitled to detention should have at least been contacted, Abwerzger argued.

Parents and lawyers remain combative
The judgment is pronounced in writing. If the lawsuit is dismissed – as is almost expected – Abwerzger announced to the “Krone” that he would appeal the decision.

Source: Krone

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