Child under four almost drowned: Mother receives probation - Child nearly drowned under mother's watch, receives lenient sentence
In a recent incident at a municipal pool in Berlin-Lankwitz on November 14, 2024, a 4-year-old girl narrowly escaped a near-drowning. The mother, aged 23, has faced legal implications due to her failure to supervise her child in a high-risk environment.
German law, primarily governed by the Bürgerliches Gesetzbuch (BGB), holds parents responsible for supervising young children in potentially dangerous situations. In this case, the mother's actions have been scrutinized, as she left her daughter unattended on a bench to "do a few laps" herself.
The mother's negligence has led to potential criminal and civil liability. While the child survived, the prosecutor demanded a six-month suspended sentence for the mother under failure to assist (e.g., § 323c StGB) or potentially negligent homicide if the child dies. The defense requested a fine instead of imprisonment.
The primary legal avenue would be civil liability for damages. If harm occurred, the mother could be sued for compensatory damages under § 823 BGB for unlawfully causing damage through negligence. Child welfare authorities may also become involved to assess the child's safety and the mother's fitness as a guardian.
The court's analysis of the case would consider factors such as the age and maturity of the child, foreseeability of risk, level of supervision, comparative distraction, prior incidents or warnings, causation and harm, and legal standards. In this instance, the mother's brief absence from her daughter and the high-risk environment of the pool are central to determining negligence.
The girl was found lifeless in another pool by a fellow swimmer and required resuscitation twice. She was placed on a ventilator in a hospital for a day, and while her long-term health effects are still not ruled out, she is currently recovering.
The judge emphasized that the responsibility for non-swimmers lies 100% with the parents, and the mother was sentenced to four months in prison, suspended, for neglecting her duty of care and upbringing. The mother initially played with her daughter in the water before placing her on a bench, a decision that has had serious consequences for both mother and child.
This case serves as a reminder of the importance of constant supervision for young children in potentially dangerous environments, such as swimming pools. While the legal process unfolds, the mother and her daughter are left to deal with the aftermath of this near-tragedy.
Community policy should emphasize the importance of parents supervising children in high-risk environments, such as swimming pools, as a mother's negligence in Berlin-Lankwitz led to legal implications. Vocational training programs could be implemented to educate parents on health-and-wellness, including fitness-and-exercise and family-health, to help them better understand their responsibilities. Mental-health resources might also be beneficial for parents to cope with the stresses of parenting and prevent future negligent incidents. The general-news media can play a role in raising awareness about accidents and the consequences of neglecting one's duty of care, thus promoting overall safety within the community. This case underscores the significance of a comprehensive approach to child welfare, incorporating legal, health, and education aspects to ensure the well-being of young children.
