Investigation Launched into Negligent Bodily Harm in Farmer’s Tragic Accident with Combine Harvester

Five days after the horrific accident in which a 25-year-old farmer lost both of his legs in a combine harvester, police are committing to an investigation into negligent bodily harm. Safety precautions and occupational safety measures, such as the so-called dead man’s switch on the driver’s seat and warning signs when entering the granary of the combine harvester, could have been circumvented.

Also read: Wave of donations for farmer (25) after horror accident with combine harvester

According to the legal situation, there is negligent bodily harm if, for example, a required duty of care has been neglected. A lawyer explains to the Nordkurier that these are cases in which people have not complied with the rules, for example occupational safety measures, and that is why someone else was unintentionally harmed.

Occupational safety not observed?

On the day of the accident, there were a total of three people on or in the combine harvester. Two 25-year-old men and a 24-year-old female assistant. The police describe the process as follows: The two young farmers wanted to clear a clogged grain tank inside the combine with shovels. A safety mechanism provides that all machines are switched off automatically if someone gets up from the driver’s seat. This mechanism did not work because the 24-year-old was on the seat. While one 25-year-old was still on the phone, the other went ahead and climbed into the grain tank, his legs got caught in the conveyor belts running in opposite directions and the accident occurred. The police are currently investigating all three parties involved on suspicion of negligent bodily harm.

If used correctly, an accident would be impossible

A lawyer classifies the possible disregard of occupational safety measures by the various people for the Nordkurier. According to the current state of knowledge, he is particularly critical of the behavior of the 24-year-old assistant, who could be responsible for overriding the so-called dead man’s switch. This should ensure that the machine stops. An agricultural machinery expert explains that the seat uses sensors to detect when you stand up and immediately shuts down all the conveyor belts and augers inside the combine. Operating errors should thus be made impossible.

According to the lawyer’s assessment, this is exactly where the negligent bodily harm could lie: If the assistant had stood up, as required by occupational safety measures and manuals, the accident could not have happened. However, it is unclear at this point in time whether she deliberately made the decision to remain seated there, whether she was just following instructions, or whether she had received any training with the working device at all. Under certain circumstances, the young woman’s boss could also be held responsible if it turns out that she was not qualified to operate the combine harvester, according to the lawyer.

According to the current state of knowledge, the lawyer does not see any criminal behavior on the part of the two young men. While one went away to make a phone call and is said not to have been involved in the actual accident, the other is the injured party who cannot be prosecuted if he injures himself. In order to support his start in a new life, the family of the affected farmer collects donations. In just three days, more than 115,000 euros in donations for a new life were collected.