Damaged vehicle due to broken branch
The case in question concerns the driver of a car who parked his car in the parking lot of a climbing forest in a municipal forest owned by the municipality. Then the accident happened: a branch about four meters long broke off a tree and fell onto the vehicle parked underneath, damaging it. The damage incurred amounted to around 7,000 euros. As the Westdeutsche Zeitung reports, six months had passed since the last inspection of the treetops by the community.
In January of this year, the city hired a tree surveyor to conduct a safety inspection of the trees lining the parking lot. The expert had declared the treetops harmless at this point. The injured party went to court against the municipality, arguing that the inspection carried out was too far back and that the municipality’s failure to ensure safety against damage caused by broken branches in this parking lot caused the damage to his car. The district court of Koblenz had to decide on this case.
The court held the community liable
The municipality made it clear to the court that in this case it was not aware of any guilt in relation to a violation of its traffic safety obligations. As the law firm re|Rechtanwälte writes in its blog, the city justifies its position by saying that it is not usual to inspect a forest car park more frequently than six months and therefore could not have expected it. In addition, the city put forward an argument based on jurisdiction: according to current forest law, the forest administration is responsible in forest areas, which means that the responsibility falls to the state.
However, the district court of Koblenz did not share the opinion of the community. In the judgment of February 15, 2022, the court took the side of the plaintiff and awarded him a claim against the municipality for damages. The district court negated the argument relating to jurisdiction, arguing that according to the new Rhineland-Palatinate Forestry Act, the municipality in its function as forest owner is responsible for ensuring safety and not the state.
Apart from that, the statements of the forest ranger and an expert consulted spoke against the municipality’s cause. Both confirmed that the risk of a branch breaking would have been foreseeable if the treetops had been subjected to a properly carried out safety check. This was sufficient reason for the court to accuse the municipality of violating its duty to ensure traffic safety. The regional court awarded the injured party a claim for damages of 7,420 euros. The judgment shows how important it is for those responsible in community management to take the potential dangers of falling branches seriously.
Thomas Weschle / Editor finanzen.net
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