A case in which a grape plays a decisive role has now made it all the way to the Federal Supreme Court (BGH) (VI ZR 1283/20). In November 2018, a customer wanted to shop in a furniture store in Kiel. In the process, she slipped on a grape lying on the floor, fell and sustained such serious injuries that she ultimately had to have a hip endoprosthesis implanted.
She then sued for damages, first before the Regional Court and then before the Higher Regional Court. However, the Regional Court dismissed the claim after taking evidence, and the plaintiff's appeal to the Higher Regional Court was also unsuccessful. One of the reasons given for this was that the furniture store could not generally be held liable for the presence of slippery food residues. In addition, it could never be ruled out that such danger spots were present on the floor.
The Court of Appeal was also of the opinion that the plaintiff must first prove that the furniture store had not taken any safety measures. The plaintiff had not provided this evidence. However, the BGH sees the distribution of the burden of proof differently: The person who creates a hazardous situation - regardless of its nature - is in principle obliged to take precautions to prevent damage to others as far as possible. The appellate judgment is therefore reversed and the case is referred back to the appellate court for a new decision.
Source: BGH/VI ZR 1283/20
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