High-voltage fatal accident at Filipstad – Bane NOR's appeal dismissed

Out of three youths who had entered Bane NOR SF's operating station in Oslo and climbed a train, one was killed and two severely injured when they came in contact with a high-voltage contact line. The Supreme Court found, like the Court of Appeal, that there was a basis for imposing an enterprise penalty on Bane NOR SF, see section 27 of the Penal Code, for violations of section 2-3 of the Railway Safety Management Systems Regulations, cf. section 22 of the Railway Act cf. section 27 of the Penal Code, section 281 of the Penal Code cf. section 27, and section 280 of the Penal Code cf. section 27. The penalty was a fine of NOK 10 million. It was concluded that one or several persons in the enterprise with responsibility for safety had acted negligently, as the risk was known, and the enterprise had had both the opportunity and incentive to implement adequate security measures. There was also causation between the omissions and the accident. The fact that the faults were anonymous and cumulative did not prevent the imposition of an enterprise penalty.  

Read the whole judgment (Norwegian only)

Areas of law: Criminal law. Sections 27, 280, 281 of the Penal Code, section 6 subsection 2 of the Railway Act, section 2-3 of the Railway Safety Management Systems Regulations

Key paragraphs: 49, 50, 52, 53, 62-64

Parties: Bane NOR SF (Counsel Per Sigvald Wang) v. The Public Prosecution Authority (Counsel Sturla Henriksbø)

Dommere: Øie, Falkanger, Arntzen, Høgetveit Berg, Thyness