The former owner of a bar is being sued by the Draguignan Criminal Court (Var) for "manslaughter by manifest violation of an obligation of safety or prudence" after the death of a client.
On August 19, 2017, the 88-year-old victim was seated on the terrace when a wind-blown parasol had crushed her.
The octogenarian had died during his transfer to the hospital, the rib cage embedded by the structure of 260 kg, reports
Var-Matin
.
The manager of the establishment had two blinds of six meters by two installed in 2012, without fixing them to the ground.
During his court hearing this week, the man explained that he was unable to pierce the ground after the intervention of municipal police.
But the owner of the bar should have ballasted the umbrellas, in accordance with a European standard.
A week after the fatal accident in 2017, the second store had still not been modified.
"He created the conditions for the accident"
“The authorization to occupy the public domain includes a regulatory safety obligation.
Monsieur therefore flouts this principle by not seeking authorization, and therefore, by not putting himself in a position to find another solution.
He created the conditions for the accident, ”said the public prosecutor.
On the defense side, the security obligation is to be attributed to the professional who put the blinds.
The prosecutor requested a 12-month suspended prison sentence and a fine of 15,000 euros, including 13,000 suspended.
The verdict will be rendered on November 9.
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Bar
Draguignan
Accident
Court