In our TransporTrends series, we provide information together with the Kompetenznetz Logistik.NRW / LOG-IT Club e.V. we regularly inform you about current topics, decisions and trends in transport and logistics law – today on the ever-relevant topic of strict liability under traffic law, even in the event of weather conditions.
The principle of so-called strict liability applies to both road accidents (Section 7 StVG) and rail accidents (Section 1 HPflG). This means that the owner of a vehicle is generally liable for damage caused by the operation of his vehicle – regardless of whether he is at fault or not. Liability arises from the so-called operating risk of the vehicle, i.e. the fact that a vehicle poses a risk to others simply through its use. Liability or joint liability therefore generally depends solely on whether the vehicle was being “operated”.
An interesting case was recently submitted to the Higher Regional Court of Schleswig (case no. 7 U 48/24) for a decision in this context. The driver of a delivery van had neglected to secure his van on the car train (“Sylt Shuttle”) with the handbrake. Due to strong winds while the train was moving, the van moved and caused considerable damage to other vehicles on the car train. In its decision of 31.07.2024, the Senate pointed out that the term “when operating a vehicle” must be defined broadly in order to protect other road users. The influence of wind on vehicles (especially those with higher superstructures) is generally a typical source of danger in road traffic, which, from an evaluative point of view, would also be covered by the protective purpose of strict liability. The BGH had already ruled in 2020 that a trailer parked in road traffic that caused damage due to the influence of wind was still in operation. The decision of the Higher Regional Court of Schleswig is therefore in line with the case law of the highest court.
Freight companies should therefore note that they are also liable regardless of fault if accidents are caused solely by wind movements or other weather phenomena. Relief will only be possible in the event of unforeseeable weather extremes (force majeure). This applies equally to tractor units and trucks as well as trailers and railroad wagons. Even proper securing of parked wagons does not eliminate the operational risk. However, liability is usually covered by liability insurance.
The author and your usual contacts will be happy to answer any questions you may have!
Dr. Jan Hermeling
hermeling@tigges.legal
+49 211 8687 138