Burgstaller in court: Serious bodily harm after an argument!

Burgstaller in court: Serious bodily harm after an argument!

On March 26, 2025, SK Rapid Wien striker Burgstaller will be in court after joining the criminal proceedings as a private party. Loud kleinezeitung.at he demands compensation of 80,000 euros. This sum includes financial damages, compensation for pain and suffering and lost earnings. Burgstaller is represented by Nikolaus Rosenauer, the former vice president of Rapid.

The dispute that led to the current developments occurred in a non-sporting context. The incident began when Burgstaller's girlfriend asked for a light for her cigarettes, which led to a conversation. The 23-year-old, the companion of the man who gave Burgstaller's girlfriend a rose, had an argument. The first push and the subsequent escalation caused Burgstaller, who was intoxicated during the incident and had a blood alcohol level of 1.68, to fall backwards and hit his head on the asphalt.

The injuries and their consequences

The forensic medical report documents serious injuries, including a burst fracture of the skull as well as cerebral cortical bruises and bleeding between the meninges. As a result of the fall, Burgstaller suffers from left-sided inner ear hearing loss, which was confirmed by a hearing test in February. In addition, he has largely lost his sense of smell. Martin Ainedter, his defense attorney, explained that Burgstaller was unable to react to the fall due to his intoxication.

Burgstaller will be called to the court as a witness to comment on the incidents that led to the serious bodily harm. Since the punishment for this crime could be between six months and five years, the hearing is scheduled to last approximately two hours.

Legal aspects of bodily harm in sport

The case raises fundamental questions about the criminalization of bodily harm in sport. anwalt.de describes that consent to sporting risks can generally be assumed as long as the rules of the sport are adhered to. However, different standards apply in contact and martial arts. Injuries resulting from personal conflicts or acts of revenge, as in Burgstaller's case, are not covered by this consent, which may lead to a strict assessment of the act.

It can be observed that, especially in non-contact sports, the focus is on protecting the athlete, while the legal assessment of sports injuries is based on the degree of violation of the rules. More serious injuries carry a significantly higher likelihood of criminal prosecution, particularly if they occur outside of a sporting context, which underlines the complexity and significance of the current case.