Municipality of Lindwedel sentenced: 12,500 euros in compensation after a storm drain accident!

Municipality of Lindwedel sentenced: 12,500 euros in compensation after a storm drain accident!

A court ruling could have far-reaching consequences for the liability of municipalities when dealing with road infrastructure. On July 8, 2025, the Celle Higher Regional Court decided that the municipality of Lindwedel must pay a walker compensation for pain and suffering in the amount of 12,500 euros. The plaintiff, a 27-year-old dog lover, injured himself in September 2020 when he was walking over a manhole cover that suddenly broke to the side and caused him to fall into the drainage shaft. The consequences were painful injuries, including a fractured kneecap.

The municipality of Lindwedel initially tried to refuse to pay compensation for pain and suffering. In the first instance, she also won at the Verden Regional Court by arguing that the manhole covers were regularly checked. But the Higher Regional Court rejected this argument and made it clear that the municipality had to prove that there were no material defects or inadequate maintenance. Since the affected manhole cover had since been disposed of, an assessment was no longer possible.

Liability and safety requirements

The court also found that the seepage shaft falls under the liability law and is therefore viewed as a dangerous facility. The municipality could not prove that the accident was due to force majeure. Interestingly, the community suspected that an unknown person had deliberately dug out the manhole cover, but this could not be proven. The reasons for the judgment also pointed out that the municipality's security of the storm drain was inadequate, which led to the high claim for damages.

In addition to the 12,500 euros in compensation, the municipality of Lindwedel also has to pay around 4,400 euros for loss of earnings as well as for damage to household management and legal fees. This amount is determined taking into account the individual and professional consequences for the plaintiff, who was on sick leave for several months.

A look at previous judgments

Similar cases illustrate the importance of traffic safety obligations for communities. A decision by the Hamm Higher Regional Court shows that a road drain cover whose slot width corresponds to the valid DIN standards does not fundamentally represent a danger zone requiring remedial action, provided it is visible to pedestrians. However, in this case, the balancing act between visibility and actual danger was discussed, which once again underlines the responsibility of communities to take appropriate safety precautions.

The decision in Lindwedel could lead to other municipalities having to be more stringent in their inspections and maintenance measures for such infrastructure. One could say that not only legal but also moral questions come to the table when it comes to this topic: How much security can and must municipalities guarantee their citizens? Eyes are on the municipalities!