Fall from mobile scaffold: court refuses to reopen investigation
21/07/2026 · Geneva Court of Justice, Criminal Appeals Chamber · GE · Seriously injured · ACPR/699/2026; P/11093/2021
What happened On 5 June 2019 a worker fell from a mobile scaffold about five metres high in the basement of a building shell. There are two accounts: the first accident report says the workers were pushing two linked scaffolds along from above when both tipped. The injured man says his boss hit a scaffold with an electric pallet truck while bringing material. The sequence could not be established.
What the court decided The prosecutor declined to open proceedings on the complaint on 18 Feb 2022; the appeals chamber upheld this on 23 Aug 2022 (ACPR/580/2022). On 4 Mar 2026 the prosecutor refused to reopen the case; the court dismissed the injured worker’s appeal on 21 Jul 2026. He bears costs of CHF 1,000. Appeal to the Federal Supreme Court possible.
Why Reopening requires new facts or evidence not already on file that make criminal liability concretely possible. The alleged talk with the inspector was neither dated nor documented and only reflected his personal view of known reports. The worker could also have asked for the inspector to be heard in the first proceedings.
- Injured worker’s boss at the time: proceedings dropped – Complaint for serious, alternatively negligent, bodily harm (Arts. 122/125 SCC); only Art. 125 was examined. He denied driving the pallet truck; site management said only general-contractor staff used such machines. An eyewitness could not be traced. The supposed new view of the site inspector was unsupported and concerned reports already on file.
Never move a mobile scaffold with people on it, and move linked scaffolds only as the manufacturer specifies. Keep pallet trucks clear of scaffolds. After an accident, record witnesses and the sequence at once – otherwise responsibility often stays unresolved.
Source: entscheidsuche.ch (FR)