© Pierre Weimerskirch / RTL
A 40-year-old hiker was tragically killed by a falling tree on a trail in Lellig, sparking an investigation into potential liability as authorities work to uncover the circumstances surrounding the fatal accident.
Many questions remain unanswered two days after a fatal accident in Lellig left a hiker dead. An ongoing investigation seeks to determine the issue of culpability after a falling tree struck and killed a 40-year-old man on a local walking trail on Sunday.
Lellig, a small village with just 250 inhabitants, has been rocked by the tragedy. Witnesses describe how the area was overrun with ambulances after Sunday's incident as emergency responders attempted to revive the victim.
The hiking trail has been closed until further notice, Manternach Mayor Jean-Pierre Hoffmann confirmed on Tuesday. The local council is set to decide on proceedings in a meeting on Wednesday.
No new findings
The location of the fatal accident is a municipal forest, managed by the Nature and Forest Agency (ANF), according to Hoffmann. However, the agency is yet to take an official position on the fatal incident. When asked, the ANF told RTL a spokesperson would be in touch to answer questions "as soon as possible".
The Ministry of the Environment recently issued a statement, announcing the analysis of the circumstances which led to the accident. "The results of this analysis are indicative for determining the necessary next steps", they wrote.
In response to RTL's request, the public prosecutor's office confirmed there had been no new findings as of Tuesday afternoon. Police were instructed to investigate the incident on Monday evening. It was further stated that the victim had been walking with his girlfriend, who escaped without injury, at the time of the accident.
Could there be criminal charges?
Lawyer Daniel Baulisch said it must be clarified whether the accident will be followed with a lawsuit. If it transpires that it was an accident and the forest owner cannot be charged as a result, it would still not be over for the family of the deceased, noted Baulisch. According to the lawyer, the family might be compensated at a civil law level, where they can assert their rights.
In such a case they would not need to file a complaint, as the public prosecutor's office would handle it, Baulisch continued. The family could also declare themselves a civil party at a later date, seeking assistance from the prosecutor's office or an investigating judge.
In most cases, the proprietor is liable for damage caused by trees, especially when they are rotten, Baulisch said. "When I own something, like a building, then I become liable for it. The same applies for forests, owners need to take proper care of them. So it is good practice to have insurance in case of such events."
© Pierre Weimerskirch / RTL
