A Porsche Coupé 911 driver wants to drive out of the underground parking garage of a residential complex. She opens the door with a sensor key and drives off. The garage door closes unexpectedly, crashes onto the roof of her car and damages it. Because the garage door was open and hit her car while she was driving out, she believes that the homeowners' association (WEG), of which she is a member, has breached its duty to ensure road safety. She sues them for damages.
However, the Munich Local Court rejects the claim (case no.: 1290 C 17690/22 WEG). It criticizes the fact that there is no clear evidence that the Porsche driver (plaintiff) actually started the exit when the light was green and passed the gate without making any mistakes. It is also possible and, according to the plaintiff's account, even more probable that she drove onto the exit ramp when the gate was closing. The plaintiff bore the burden of proof for the proper start of her journey when the traffic light was green, but she was unable to provide this proof.
The WEG (defendant) also emphasized that the door complied with technical standards and was working properly. The court then ruled that the plaintiff was not in a position to provide evidence and therefore dismissed the action. It also stated that if the plaintiff had entered the ramp at a red signal, no additional safety measures would have been necessary on the part of the WEG. The judgment is not yet final.
Source: justiz.byern.de/AZ: 1290 C 17690/22 WEG
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