New Ruling on Liability for Damages Due to Violation of Duty of Traffic Safety New Ruling on Liability for Damages Due to Violation of Duty of Traffic Safety
In a recently published ruling, the Federal Court of Justice (BGH) has decided on the requirements for the duty of traffic safety, which is significant for owners and operators of properties. The ruling with the file number VI ZR 115/22 concerns a case where a pedestrian fell on a private sidewalk and subsequently demanded compensation for damages. The decision from July 30, 2024, comprehensively addresses the question of the extent to which a violation of the duty of traffic safety existed and what consequences this has for liability.
The BGH clarified that property owners are obliged to design and maintain their areas in such a way that they do not pose dangers to third parties. In the specific case, the sidewalk was severely damaged, which ultimately led to the accident. The court stated that the maintenance obligation exists even when it involves unauthorized entry onto a property. Thus, even visitors who enter the property with permission could assert claims if an accident occurs.
The judges emphasized that the duty of traffic safety is not only limited to publicly accessible areas but also includes private areas that can be accessed by third parties. In this case, the owner of the sidewalk should have inspected the condition of his area in a timely manner and taken measures to eliminate any dangers if necessary. The court pointed out that it is not sufficient to refer to the personal responsibility of those affected when a clear danger situation exists.
Furthermore, the ruling addresses the weighing of the threat and the duty of care of the responsible party. The BGH made clear that the duty of traffic safety is to be considered particularly strict when it comes to heavily frequented paths or places where an increased danger must still be anticipated.Thus, the responsibility of property owners in designing their areas is clearly highlighted. Overall, the ruling shows that the legal requirements for the safety of properties are very high, especially when the property is accessible to third parties. The decision of the BGH emphasizes the need for careful and regular inspection of one's own properties. For property owners, this means that they must proactively address the safety of their areas to prevent potential liability claims. Report by Anita Faake, Friday, 13 September 2024.
