Who is liable? – Child gymnast Larissa (12) injured in public bus

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She does double somersaults on the floor and dreams of the Olympics. A serious arm injury ended the 2023 season prematurely for twelve-year-old Larissa. But the accident in Vienna did not happen during gymnastics, but on a public bus on the way to training. The liability issues are still unclear.

She is Austria’s greatest hope for young gymnasts, doing twists and somersaults on the floor and on the uneven bars, and dazzling with handstands and somersaults on the four-inch balance beam. Larissa, twelve years young and on her way to becoming an international gymnastics great. The 2022 Austrian U-12 champion trains six times a week, three hours each time, with the big dream of qualifying for the Olympic Games in a few years.

Arm trapped between railing and door
Artistic gymnastics is a sport where injuries cannot be ruled out. The development of this great talent was carried out with caution. Everything was going great until the devastating incident on September 18, 2023, when Larissa and her classmates went for training in Leopoldstadt in Vienna. On public bus 77A at Schlachthausgasse station, the gymnast held the yellow handrail when the door opened and moved her arm until it broke. “I will never forget the scream,” said a classmate. The diagnosis: growth plate of the spoke broken and dislocated. Blowing off the ulnar style stays with her. Larissa had to wear a cast and splint for weeks and physiotherapy started in October.

The 2023 season was over for Larissa. “The worst thing for her was not being able to do gymnastics. “She insisted that I take her to the hall despite the cast,” says mother Barbara and her child. The girl can now train again, but: “She is no longer at the level she was before. Above all, the pain still makes it difficult for her to exercise,” reports the physiotherapist.

Technical response from the insurance company
The issue of liability for the accident has remained unresolved for months. Recently there was a disturbing technical response from the insurance company of bus company Dr. Richard: ‘In the sense of reimbursing legal costs, we can offer 1/3 of the damage claims, without prejudice.’ One cannot identify the fault of the bus driver, nor the liability for operational risks. On the contrary, the girl remained in the ‘play area’ despite the sign and was aware of the doorway and the associated dangers.

An incredible letter, considering the victim is a schoolchild. “I want justice for Larissa,” says the mother, determined to take legal action. “An eleven-year-old at the time did not read all the signs on a crowded bus, but of course stopped at a stop without any worries,” she says.

“I hope I can celebrate successes again soon”
“I hope that I will soon be pain-free again and can celebrate successes again,” says the twelve-year-old athlete hopefully, looking optimistically at the future. And adds: “I would like to thank the doctors and everyone who helped me and was so kind to me in the hospital.”

Source: Krone

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