On the issue of damages in the Ischgl case, the Vienna Higher Regional Court (OLG) overturned a first instance judgment dismissing a German holidaymaker’s claim for pain and suffering, healing and care costs and lost income.
According to the Higher Regional Court, the first judgment was flawed. The case was therefore referred back to the Regional Civil Court for additional proceedings and a new decision.
Was the tourist aware?
Specifically, the Higher Regional Court complained that at first instance it had not been clarified whether the German tourist, who was infected with the coronavirus during a skiing holiday in Ischgl, even knew any relevant information from the Land of Tyrol on which he based his complaint.
The Tyrolean state government’s office announced at 5:44 p.m. on March 5, 2020 that Icelanders who had tested positive for the coronavirus on the return journey on the plane, according to initial investigations, therefore seems unlikely from a medical point of view that infections in Tyrol will come.
The plaintiff complained that at this point, authorities already knew that two Icelanders had symptoms suggestive of SARS-CoV-2 before they left Ischgl.
Back to the beginning
The Vienna Regional Civil Court (ZRS) must now clarify whether the holidaymaker was even aware of this “state information” and whether and to what extent he trusted it and therefore stayed in Ischgl. This circumstance is important to the issue of liability, as OLG media spokesman Leo Levnaic-Iwanski explained to the APA.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
