Verkehrssicherungspflicht: Glatteis-Unfall: Haftet der Betreiber einer Sprinkleranlage?
Eine Sprinkleranlage neben der Landstraße, ein schwerer Unfall und eine Forderung von mindestens 450.000 Euro. Die entscheidende Frage dabei: Kann nachgewiesen werden, woher die Glätte kam?
In a recent slip-and-fall case in Germany, the question arose as to whether the operator of a sprinkler system could be held liable for a traffic safety violation. According to a decision by the Oberlandesgericht Frankfurt am Main, the operator of a sprayer system is not automatically liable for damages caused by icy road conditions.
The case involved a driver who was traveling at speeds up to 99 km/h on a road covered in ice due to a temperature drop to as low as minus two degrees Celsius. The driver claimed that the icy conditions were caused by a sprinkler system located near the road. However, the Landgericht Frankfurt am Main dismissed the driver's claim for compensation, stating that the driver had failed to prove the necessary connection between the sprinkler system and the accident.
The court ruled that the driver had been aware of the sprinkler system, which had been in operation for seven years, and that the road's hilly and wooded layout, as well as the cold, damp weather, could also have contributed to the icy conditions.
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