The Frankfurt am Main Higher Regional Court (OLG) recently sentenced the city to pay damages of 6,500 euros for neglecting to maintain and inspect a street tree (case reference: 1 U 310/20). In this case, a broken branch had caused total damage to a Fiat 500 in a residential area. The OLG ruled that the city had to pay for the damage due to inadequate inspection.
The accident occurred in August 2019. The last tree inspection to check road safety by the city council had taken place the year before. The regional court upheld the claim for damages of over 6,500 euros and the city of Frankfurt was unable to successfully defend itself against this ruling.
According to the judges, an annual inspection interval can be set for some severely damaged trees. However, special circumstances, as in this case, may require shorter inspection intervals and special examinations. The city had not taken into account "that the external appearance of the tree crown (...) was not even remotely comparable with a healthy and vital robinia". The decision is final and cannot be appealed.
Source: ordentliche-gerichtsbarkeit.hessen.de/AZ: 1 U 310/20
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