An owner cannot necessarily be held liable for damage caused by a storm. This was decided by the Munich District Court (113 C 18489/22). In this case, a tree fell onto a parked car opposite a parking garage during a storm, the operator of which had a duty of care. The car suffered a total loss. The owner of the car assumed that she had breached her duty to maintain road safety. She demanded compensation. However, the Munich Local Court ruled against the plaintiff. It could not be proven that the operator of the parking garage had breached its duties.
The ruling shows that, in order to be liable, it would not only have been necessary to prove a breach of the duty to ensure public safety, but also that the trees were damaged. However, even if the operator regularly checks and maintains the trees - as in this case - natural events such as storms can lead to damage that is beyond its responsibility. The court emphasized that an abstract danger from trees is to be accepted as natural.
The ruling underlines the importance of detailed evidence for plaintiffs in cases in which they suspect a breach of the duty to maintain road safety. For vehicle owners, the ruling means that they cannot automatically rely on compensation for damage caused by trees during a storm.source: justiz.bayern.de/AZ: 113 C 18489/22
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