Court acquits Pärnu spa charged with causing a customer's death

The Pärnu County Court acquitted both OÜ Tervise Paradiis and its senior instructor, Gert Kuusik, who had been accused of causing the death of a waterpark client due to negligence. The prosecution has announced it plans to appeal the verdict.
Kristjan (27) drowned at the Tervise Paradiis water center and spa in Pärnu on March 11, 2023.
For causing another person's death through negligence, an individual can face up to three years of imprisonment, while a legal entity may receive a financial penalty.
Prosecutor Olgerd Petersell sought a sentence of one year and six months of imprisonment for Kuusik, with the condition that the sentence would not be enforced if he committed no crimes within a two-year probation period. For Tervise Paradiis, the prosecutor requested a penalty of €50,000.
The prosecutor noted that while determining the punishment, consideration was given to the company's lack of prior offenses and the cooperation of its board member, Jaan Ratnik, during the investigation. At the same time, he emphasized that the penalty must have a deterrent effect and encourage the prevention of future offenses.
Tervise Paradiis' defense attorney, Stella Veber, stated at the start of the trial that the charges were unfounded and baseless.
"Primarily because the victim did not fall into the water by himself but was pushed in. The victim's companions did not alert Tervise Paradiis staff about the person lying at the bottom of a pool four meters deep. Tervise Paradiis provided training, sufficient instructions for employees and the necessary skills for staff," Veber said.
However, according to the prosecution, Kuusik's fault lay in assigning an administrator, who lacked the required training, to the role of a trained on-duty instructor. This delay in providing assistance allegedly contributed to the tragedy. Both Tervise Paradiis and Gert Kuusik denied guilt in court, maintaining that the administrator had received the necessary training.
Jaan Ratnik, the head of Tervise Paradiis, told ERR after the court ruling that the most important aspect of the acquittal for him was the emphasis on customer responsibility.
"The most important takeaway from this case is that we achieved a result that should remind all of us that when we engage in slightly more adventurous activities — whether it's water parks, ski resorts, climbing centers or similar services that are very popular these days — we cannot approach these activities with the belief that our personal responsibility ends the moment we buy a ticket and that someone will constantly watch over us. It would be very dangerous for such an understanding to take root in society," Ratnik said.
Ratnik also apologized to his employee, Gert Kuusik, who has nearly 20 years of experience handling similar situations but was forced to endure this legal process. Ratnik noted that the nearly two-year-long proceedings had affected the company as a whole, including its revenue.
"The prosecution has consistently portrayed Tervise Paradiis in a poor light over these two years. While it's impossible to prove definitively, the financial losses we've incurred due to reputational damage — manifesting as lost revenue — amount to a figure with six zeros," Ratnik said.
Prosecutor Petersell stated that he disagreed with the decision and reasoning of the Pärnu County Court and promised to appeal the ruling.
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Editor: Kristi Raidla, Mirjam Mäekivi, Marcus Turovski