Federal Supreme Court

2018-03-19 - 06:33 | News | Tags: , |

Lack also of the fault, because he not could have predicted, that the plaintiff on the installation of the had dispensed prescribed re-storage backup. The case-law of the Bundesgerichtshof (BGH), according to which a liability of a municipality from the outset is eliminated, if the property owners have not attached rear storage doors in the duct system, is in this case not applicable with the following rationale: according to this case law, every owner has its plot connected to the municipal sewer system through appropriate measures to ensure, by up to the backwater level in particular the installation of rear storage doors anyway, such back storage damage, i.e. normally up to the top of street, reaching normal back perennials back caused and with the usual safety precautions sure averted be can. By the courts not cases so far but are still a neighbor, who opens a manhole cover in an incorrect manner and thus induces a flood of the neighbouring House decided where. To what extent then, the Federal Court of Justice case-law is applicable, need for the so-called Separation system of a final clarification.

Although the higher regional court Munich decided that it does not matter for exclusion of liability if the return exchange Aden in a mixed or a separation system arose. Read additional details here: NY museums . A further discussion of this issue is however not included in the decision of the OLG Munich. The opinion of the Saarland higher regional court that considers that a liability despite the lack of a backup of storage into consideration occurs if a separation system appears applicable to the competent court. Because the case law of the Federal Supreme Court is not to apply to these cases. The Court also considers this, because this needs to be considered that in a separation system dirt and rainwater is collected in completely separate channels and derived. As a result, that usually all rainwater exclusively in the stormwater channel, the dirty water from the drainage channel only reaches.