Pärnu spa and lifeguard chief convicted over drowning

A court has convicted the Tervise Paradiis spa in Pärnu and its senior instructor over the death of 27-year-old Kristjan Kalkun, who drowned at the facility in 2023, ERR reported. Prosecutors said their negligent conduct caused his death.

The conviction, which became final in late summer after a lengthy court dispute, is unprecedented in Estonia, where drownings at water parks are rare. The case has also prompted debate over its wider implications.

Gert Kuusik, who had worked at the spa for nearly 21 years, said he did not consider himself guilty. Kristjan’s sister, Natalja Kalkun, said she was appalled that Kuusik did not understand what he had been convicted of.

The drowning happened on March 11, 2023. Kuusik said three staff members were on duty that afternoon: one by the pool, one in the medical room and one monitoring cameras. They changed positions every hour.

The staff member assigned to watch the four-metre-deep pool had recently started her shift. According to Kuusik, the pool was considered the most dangerous part of the facility because of its depth, diving platforms and climbing wall. The instructor was also expected to keep an eye on the lower pool of the artificial river.

Prosecutor Olgerd Petersell said the spa breached its duty of care by assigning the role to Merili, an administrator in her twenties who had received an introductory briefing but had not completed more in-depth training. Kuusik argued that she had enough training for the job, pointing out that two more experienced staff members were also on duty.

Petersell said businesses must be able to respond adequately when people are at risk and should not compromise customer safety to make a profit. Lifeguard trainer Gert Teder said the case had raised concerns about whether responsibility for an incident would always fall on someone else.