Prague - The municipal authorities are responsible for the fall of a Christmas tree on Old Town Square which seriously injured a British tourist in 2003. Aktuálně.cz has learned that the Supreme Court rejected Prague's appeal, in which the authorities insisted that it is the organizer of the Christmas markets - who leased the place from the Prague authorities - which is responsible for the accident.
In addition, the judges stated that the tree donated to Prague by Velké Karlovice was - due to the low quality of its wood - not likely to withstand strong wind. The Prague municipal authority was able to check if there was any risk of an accidental fall, but it failed to do it.
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Temporary paralysis
Seven years ago, Prague became a center of attention for British media. Malcolm Tuffin, a 57-year old British tourist, suffered femur and spine fractures on 6 December 2003 after he was hit by the falling Christmas tree. He underwent surgery and received a blood transfusion. He was confined to a wheelchair for four months, and even after that he was able to walk only with crutches.
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Initially, Tuffin asked for CZK six million (EUR 230,000) as a compensation, eventually he reduced it to CZK 2.5 million (EUR 97,000). Finally, the municipal court in Prague ruled that Prague had to pay him CZK 560,000 (EUR 21,800).
From the beginning, Prague and Folk Art Production, the company that organized the Christmas market, have been denying responsibility. They pointed out that police investigation concluded that the tree fell due to the low quality of its wood, and because of a storm.
However, the Supreme Court ruled that Prague, as the owner of the square where the accident took place, needs to control what is going on its property. In addition, the judges pointed out that Prague directly participated in the organization of the Christmas market, and provided it with the tree. The municipal authorities should have checked if the tree was suitable to be raised in a place so much frequented by crowds, said the court in its ruling.
