Municipality is liable: Pedestrian injured – 12,500 euros in compensation!

Municipality is liable: Pedestrian injured – 12,500 euros in compensation!

A recent ruling by the Celle Higher Regional Court sent a clear message to all communities: they must take care of their infrastructure. The judges ruled that a municipality is liable for the improper condition of a seepage manhole cover if it injures a pedestrian. In the specific case, the municipality had to pay the plaintiff compensation of 12,500 euros and loss of earnings of 1,820.98 euros, a decision that has already caused quite a stir in the legal landscape. The appeal against the judgment was not permitted, which underlines the position of the courts in such cases, as Euwid Wasser reports.

But what does liability actually look like in the event of backwater damage? The topic is complex. An example shows that strict liability according to Section 2 Paragraph 1 of the Liability Act (HaftPflG) does not apply if there is a lack of proper backflow protection. In a case in which water damage occurred in a plaintiff's basement, the Hanover Regional Court's ruling was partially changed. It was decided that the plaintiff was not entitled to compensation because the necessary safety precautions were not in place. This makes it clear that not every damage report automatically leads to compensation, as OpenJur explains.

responsibility of the communities

The responsibility of municipalities extends to ensuring that their sewage systems are properly equipped. As the Higher Regional Court stated in its ruling, this is one of the relevant pipeline systems within the meaning of the Liability Act. These legal provisions should not be underestimated, as they regulate liability for both personal injury and property damage that may result from such infrastructure. It should be noted that municipalities have a duty to take preventative measures and ensure that their systems comply with legal requirements.

The judgment also makes it clear that such claims cannot simply be transferred to third parties or social security providers. If an accident occurs, the responsible municipality is responsible. This provides a clear picture of the legal situation and could encourage many communities to take action to avoid similar rulings in the future. The issue of water damage and the corresponding liability is, as described by Haufe, a central concern that should definitely be taken seriously.

Communities that take action in this area are not just on the safe side. They protect citizens and ensure that legal disputes, which can often be lengthy and costly, do not arise in the first place. So it's time to show a good hand in dealing with infrastructure projects. If you then make sure that everything works properly, you are doing good business in the truest sense of the word.