Property managers are required by law to comply with the duty of road safety, to ensure safety on their property and to ensure that no one is harmed. In the case at hand, a condominium owners' association (WEG) commissioned an external service provider to inspect the trees on the common property once a year and to carry out the "pruning measures relevant to traffic safety and tree care".
After a large branch fell from the tree three months after the annual inspection and damaged the car of one of the owners, she sued the WEG to pay for the damage of 6,650 euros. The WEG did not feel responsible for this and lodged an objection. The reason for this was that in the agreement previously made with the external service provider, the duty of care was transferred to the latter. Thus, the external service provider is responsible for eliminating danger spots and ensuring safety in and through the activities it performs. The WEG is only obliged to check whether the service provider is fulfilling its control and monitoring obligation.
The ruling of the Federal Court of Justice (BGH) also states that the WEG is not responsible for the damage caused to the owner's car (AZ V ZR 43/19). With the protective effect in favor of the WEG stipulated in the contract, the owner could file a lawsuit against the service provider. This is because if the WEG assigns the traffic safety obligation to a third party, no claims for damages can be asserted against the association by individual owners.
Source: BGH
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