New Perspectives in Civil Liability Law New Perspectives in Civil Liability Law
On July 30, 2024, the Federal Court of Justice (BGH) made a groundbreaking decision in the case with the file number VI ZR 115/22. This decision has significant implications for liability in personal injury cases and raises fundamental questions regarding the burden of proof and requirements for entitlement to claims in civil law.
In the underlying case, a claim for damages by an injured party was dismissed because it could not be sufficiently proven that the defendant was directly responsible for the injuries. The BGH clarified that it is crucial to establish the causality between the defendant's actions and the damages suffered. The court emphasized that both direct and indirect evidence may be considered in the assessment. In this context, circumstances that may lie within the sphere of the defendant must also be taken into account.
Another central point of the decision concerned the burden of proof. The BGH ruled that the burden of proof lies with the plaintiff, but not in an absolute sense, as a certain reversal of the burden of proof may be possible in specific configurations. This means that in cases where the defendant possesses relevant information that is not accessible to the plaintiff, there may be an increased duty of cooperation on the part of the defendant.
The judges also underscored the importance of legal clarity and predictability in civil law. They stated that a clear differentiation between different types of liability is necessary to provide the affected parties with fair and appropriate options for legal recourse.The decision of the Federal Court of Justice is therefore considered groundbreaking, not only for future cases but also for the interpretation of applicable law by lower instances.
In the legal community, the decision has already been regarded as a significant step towards a more balanced jurisprudence that takes into account the legitimate interests of victims without unduly jeopardizing the rights of the defendants. The consequences of this decision are likely to be far-reaching and will have a lasting impact on both lawyers and courts in their practice.
The importance of this legal finding will certainly be a topic of discussion in future hearings and judgments, as it forms the basis for fundamental considerations regarding liability in civil law.
Anita Faake, Friday, September 13, 2024
