Because the municipality had not spread in the Winter, demanded a man after a fall at least 10 000 euros for Pain and suffering. A court dismissed the lawsuit now.
The municipality of Kochel am see has to pay, after the fall of man in winter, a slippery road is no pain money. The decision of the land court of Munich II on Friday. The 59-year-old from Munich was almost exactly four years ago – on 30. December 2014 – drove to a hairdresser’s appointment to Kochel and crashed on the way back to his car on a downhill road. On the day it had continuously snowed, the municipality had not scattered the roads with loose chippings – because of the Scatter in the duration of snow from the point of view of the commune would have brought nothing.
The man suffered a knee injury, six weeks later, a brain hemorrhage was detected. He claimed to be on a sheet of ice under the Snow cover slipped. Two years after the fall, he filed a lawsuit and demanded at least EUR 10 000 for Pain and suffering. The court estimated the value in dispute, to 14 500 Euro.
The money is not available to the plaintiff from the point of view of the court. “In situations where the Spread makes no sense,” did not scatter the Church the duty, decided by judge Florian Schweyer and dismissed the action. The streets of the parish on the day of the fall would have been covered in ice are actually over a large area, would have been the municipality, while in the litter duty. “It was, but – if at all – to a single, localized patch of ice.” According to various Judgments of the Federal court of justice (BGH) had to be the winter service of the competent municipality is also always reasonable. “In the case of General smoothness is to scatter – but not in the case of ad hoc Smoothness.”
Why, the then 55-year-old Munich went the day before new year’s eve for a haircut in the approximately 70 km from the Bavarian capital away, Kochel am see, it is not clear, according to Schweyers in the negotiation.
