In a case decided by the Bundesgerichtshof, misguided New Year's rocket had placed on the neighboring property for a whole complex of buildings on fire - the damage was almost 420,000 euros. The buildings insurance of the owner took the neighbors in Regress (BGH, 18.09.2009, V ZR 75/08). The process involved the fundamental question of whether in such cases, the so-called neighbor legal right to compensation is applicable. This would have had on the annual New Year's Eve fireworks far-reaching consequences, because after that a neighbor also responsible to pay if he is guilty of no negligence. The Supreme Court ruled, however: the shooting of fireworks on New Year's is a social custom, does not apply to this scheme. The perpetrator of the damage shall be liable only for gross negligence.
0 comments:
Post a Comment