The circuit court sentenced Kuusik to one year and three months in prison. However, the sentence will not be enforced if he does not commit a new intentional crime during a probation period of one year and six months.

The court imposed a fine of €50,000 on Tervise Paradiis OÜ.

The circuit court also fully upheld the civil claims seeking compensation for both pecuniary and non-pecuniary damages.

Kuusik was charged with breaching the duty of care imposed by his job description while working as a senior instructor at the Tervise Paradiis spa hotel. Prosecutors argued that he failed to ensure customer safety at the water park and, as a result of that negligence, caused the death of a customer who did not receive assistance in time.

Tervise Paradiis was also accused of negligently causing the customer's death.

In a ruling issued on January 20 last year, Pärnu District Court acquitted both Kuusik and Tervise Paradiis of negligently causing death and dismissed without consideration the civil claims seeking compensation for pecuniary and non-pecuniary damages.

While the circuit court initially upheld the district court's ruling, the Supreme Court overturned the decision in April and sent it back to the circuit court.

In its latest decision, the Tallinn Circuit Court found that Kuusik breached his duty of care in carrying out his work duties when, on March 11, 2023, he assigned the duties of a lifeguard instructor to a Tervise Paradiis employee who did not meet the qualifications required for the position and lacked the necessary skills and training.

Because Tervise Paradiis' liability stemmed from Kuusik's actions and because there are grounds to hold Kuusik responsible for breaching his duty of care, Tervise Paradiis is also liable.

The ruling has not yet entered into force and may be appealed to the Supreme Court within 30 days. Tervise Paradiis told ERR that it intends to do so.

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