Community convicted: 12,500 euros pain and suffering for accident victims!

Community convicted: 12,500 euros pain and suffering for accident victims!

shock for the community: A recent judgment by the Higher Regional Court Celle has significant consequences for the responsibilities of the municipalities in the area of ​​the sewer sewer. The case revolves around an accident in which a pedestrian fell on a seepage shaft lid and suffered injuries. The judges decided that the municipality is liable for the not proper condition of the lid when a citizen is damaged. Even a revision against the judgment was not allowed, which means that the decision now remains final. The municipality is now obliged to pay the plaintiff a compensation for pain and suffering of 12,500 euros and the loss of earnings of 1,820.98 euros, together with any other intangible damage from the accident of September 4, 2020, provided no claims have been transferred to third parties, such as euwid-wasser.de reports.

But where are the limits of liability to be drawn? An important topic in this context is hazard liability, which according to Section 2 (1) Liability Act (Health PflG) provides for liability of the municipality in the event of damage to its pipeline plants. This liability is particularly concise for water damage caused by sewers, but not simply if there is a good time in the case of the backstream of properly proper backstream. In another case, the Hanover Regional Court rejected the lawsuit of a citizen who had suffered water damage due to inadequate backstream in his house. The judge stated that back and then not necessarily under the protection area of ​​the liability laws, especially if no proper provision was made, as openjur.de reported.

liability for floods and backups

A completely different topic is back and forth. In contrast to hazard liability, the risk of back -up damage is not one of the immediate duties of the pension providers if a backup is possible through their own measures such as backlog valves. Furthermore, liability for damage caused by municipal sewage canalization depends significantly on the cause of the damage. While the municipality is often liable for flooding by street sewer, the law looks more strictly when it comes back and its causes. In the event of any reversal, in which the responsibility cannot be precisely assigned, the plaintiff was left without compensation, since no accusation against the careful maintenance of the municipality could be demonstrated Haufe.de.

What can property owners do to secure themselves? It is advisable to regularly check and adapt the technical precautions for back -up. The examples from the court proceedings clearly show that responsibility is not only among the municipalities, but also the citizens themselves are obliged to protect their houses sufficiently so that they do not stay at the expense in the event of storms or technical problems.

This case and the legal aspects around the sewage canalization show us again how important it is to deal with your own rights and obligations. Legal disputes about liability in the event of damage can often take a long time, and the consequences can be significant for both municipalities and the citizens. It is therefore obvious to be well informed and take proactive measures.