Naturgefahren: Verletzt durch Felsbrocken: Kein Schmerzensgeld für Wanderer
Fels fällt, Mann wird getroffen. 120.000 Euro fordert der dafür von Waldeigentümern und Bergsportvereinigung. Doch vor Gericht blitzte er ab. Warum?
A hiker suffered a broken arm after being hit by a falling rock while hiking on a popular trail in Franconia Switzerland. He demanded compensation of at least 120,000 euros from the forest owners and the local mountain sports association. However, the Nuremberg Higher Regional Court dismissed his claim (case number: 16 U 1394/25).
The court explained that the man believed the landowners should have identified the instability of the rock and taken safety measures, especially considering the trail's special tourist significance and the unique rock formation. The mountain sports association was also blamed for marking the path with ropes and safety equipment.
But the court found no breach of safety obligations and upheld a lower court's ruling. The court emphasized that using forest land in Germany is generally considered to be at the user's own risk, as defined by the Federal Forest Act. The rockfall created a natural risk and thus a forest-specific danger, so the landowners were not held liable.
The mountain sports association was only responsible for its own safety installations. It was not clear that such an installation caused the accident. Following the court's dismissal, the hiker withdrew his appeal against the lower court's decision.
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