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Municipality sentenced: 12,500 euros in compensation for accident victims!
Celle Higher Regional Court decides on the municipal budget: Liability for accidents involving seepage manhole covers and relevant judgments.
Municipality sentenced: 12,500 euros in compensation for accident victims!
Shock for the community: A recent ruling by the Celle Higher Regional Court has significant consequences for the responsibilities of municipalities in the area of sewerage. The case revolves around an accident in which a pedestrian fell on a manhole cover and suffered injuries. The judges decided that the municipality is liable for the improper condition of the lid if a citizen is harmed in this way. An appeal against the verdict was not even permitted, meaning that the decision now remains legally binding. The municipality is now obliged to pay the plaintiff compensation for pain and suffering in the amount of 12,500 euros as well as loss of earnings of 1,820.98 euros, together with any other non-material damages from the accident on September 4, 2020, provided that no claims have been transferred to third parties, such as [euwid-wasser.de].
But where should the limits of liability be drawn? An important issue in this context is strict liability, which, according to Section 2 Paragraph 1 of the Liability Act (HaftPflG), stipulates that the municipality is liable for damage to its pipeline systems. This liability is particularly significant in the case of water damage caused by sewerage systems, but is not easy in the case of backflow damage inverse to adequately proper backflow protection. In another case, the Hanover Regional Court dismissed the lawsuit brought by a citizen who had suffered water damage in his house due to inadequate backflow protection. The judge found that backwater damage does not necessarily fall within the scope of protection of liability laws, especially if no proper precautions were taken, as openjur.de reported.
Liability for flooding and backwater damage
Backflow damage and its legal classification are a completely different topic. In contrast to strict liability, the risk of backflow damage is not one of the direct obligations of the utility provider if it can be secured through its own measures such as backflow valves. Furthermore, liability for damage caused by municipal sewage systems depends largely on the cause of the damage. While the municipality is often liable for floods caused by street sewers, the law is stricter when it comes to backwater damage and its causes. In the event of any backwater damage, for which responsibility cannot be precisely assigned, the plaintiff was left without compensation because no accusation could be proven against the municipality's careful maintenance, explains [haufe.de](https://www.haufe.de/id/teil/kanalisation-haftung-fuer-ueberschwemmungs Schaden-2-haftungsfragen-HI2942371.html).
So what can property owners do to protect themselves? It is advisable to regularly check and adapt the technical precautions for backflow protection. The examples from the court cases clearly show that the responsibility does not only lie with the municipalities, but that citizens themselves also have a duty to adequately protect their homes so that they are not left with the costs in the event of storms or technical problems.
This case and the legal aspects surrounding sewerage show us once again how important it is to deal with your own rights and obligations. Legal disputes surrounding liability in the event of damage can often take a long time and the consequences can be significant for both communities and citizens. It therefore makes sense to be well informed and take proactive measures.