Today, the Public Prosecution Service demanded a community service sentence of 120 hours and a conditional prison sentence of three months against two directors of Klim Wall Amsterdam BV. The Public Prosecution Service also requested the court to impose a fine of 80 thousand euros, of which 50 thousand euros is conditional, and a ban on organizing childrens parties for the next ten years. The Public Prosecution Service holds both directors and the company responsible for the death of an eleven-year-old boy who died in November 2023 after a fall at Klim Wall Amsterdam Central.
The extensive police investigation shows that there were structural shortcomings in safety measures within the climbing wall, especially regarding childrens parties where young and often inexperienced children and parents participate. The rules were unclear about who was responsible for supervision and for how long, instructors had to perform hospitality activities at the same time, and specific agreements about supervision of non-independent climbers were missing. The schedules were chaotic: who started or ended when, or what task they had, was unclear. Instructors without targeted instruction for childrens parties were allowed to be solely responsible for a group of inexperienced children.
“If you organize a childrens party where children climb up to 14 meters high, you have an enormous duty of care,” said the public prosecutor. “Any inattention can be fatal.” According to the Public Prosecution Service, the company did not take the specific risks for inexperienced and (very) young climbers into account.
Underestimating risks
The management of the climbing hall seemed to have insufficient awareness of risks, according to the public prosecutor. Statements such as ‘it is no more dangerous than cycling without a helmet or playing in a climbing frame’ indicate a worrying lack of risk awareness within the company. “This attitude is indicative of the culture within the climbing wall and dangerous. The reality is that climbing at this height is life-threatening without adequate supervision.”
Trust severely damaged
Since the accident, parents trust in the safety of childrens parties has been severely undermined, the public prosecutor believes. “The actions of the defendants cast a shadow over the entire climbing world. As a parent, you should be able to expect that a professional company prioritizes safety, especially for something like a childrens party.”
Sentence demand
According to the public prosecutor, no punishment can do justice to the consequences. She wants to emphasize with the sentence demand that child safety in climbing must always come first. Therefore, the public prosecutor demands a ban for Klim Wall Amsterdam BV on organizing childrens parties for a probation period of 10 years. Because Klim Wall Amsterdam BV has not made improvements, and to ensure compensation, properties of the executives have also been seized. A fine of €80,000, of which €50,000 is conditional with a probation period of 10 years, is also demanded.
A community service sentence of 120 hours and a conditional prison sentence of three months with a probation period of 2 years has been demanded against the two directors, with the special condition of paying the claim of the parents of the eleven-year-old boy.
The court will rule on June 20.