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The OGH thus confirms the decision made by the Innsbruck Superior Regional Court (OLG) last year, the Tyrolean newspaper writes on Tuesday, stating that the farmer should have known about the dangers of his suckler cows. “In addition to this relative danger, there was an increased likelihood of damage to the area around the alpine grass building and the inn,” the reasoning said. The farmer, as a caregiver, should have reacted to this: a fence is a “reasonable and not a serious measure that affects interests,” the Supreme Court said.
In turn, doom ignored warning signs and distance rules. However, as a dog owner, she should “have known about the dangers involved and acted accordingly.” The widower is now entitled to about 54,000 euros and a monthly pension of 600 euros. The son receives around 24,000 euros and a monthly pension of 180 euros.
On July 28, 2014, in Pinnistal, a side valley of the Stubai Valley, a 45-year-old German woman with her dog was suddenly attacked by cows and trampled to death. After a one-year legal dispute between the afflicted and the farmer, the first instance verdict in civil proceedings was approved in February 2019. Consequently, the farmer had to pay the widower and son around € 180,000 and a pension monthly to both for a total amount of around 1,500 euros. The total value in dispute in the process was around 490,000 euros. The prosecution had closed the investigation against the farmer in 2014. In August last year, both the farmer and the widower, after OLG partially upheld the first instance sentence, filed an appeal with the OGH.
