Cause of the accident – accusation of breach of duty of care
According to the judges in the two proceedings, the cause of the accident is certain. The collapse is said to have been caused by errors during the construction of the underground station. Already in the year 2005 a rock block was not removed during the excavation of a pit. This obstacle was also not reported. This caused a leak in an underground concrete wall. Through this place the large quantities of water and gravel should have broken then into the excavation pit. The historical city archive collapsed.
The senior site manager, who has now been sentenced, was not permanently assigned to the construction site. He was only active as a holiday replacement. However, he had signed a protocol at that time, which had pointed out discrepancies in the excavation of the excavation pit. Despite these discrepancies, the site manager had not carried out a careful inspection. This represents a violation of his duties of care, which is why he has now been sentenced for negligent manslaughter.