Who controls his car on a virtually traffic-free residential street in broad daylight in a highly visible pothole the size of a manhole cover has only himself to blame when it comes to damage his car. This has now decided the district court of Heidelberg (Ref. 5 O 269/10). As the German Bar Hotline reports, the affected driver of a car with a trailer fell on a summer day with the rear of his companion in a 7.5-inch deep pothole.
That was less than 30 x 70 inches tall and dated from the previous winter. Because the town the evil is not long since removed, and he believes it has violated its duty to maintain safety, the man now demanded local replacement for the damaged aluminum wheels along with tires, worth around 1,000 €.
On the Court saw it differently because it is indeed a public road constitutes a nuisance to their condition was, but it was not roadworthy. Finally, the pothole had been seen on the service road with its low traffic load too good for everyone.
That was less than 30 x 70 inches tall and dated from the previous winter. Because the town the evil is not long since removed, and he believes it has violated its duty to maintain safety, the man now demanded local replacement for the damaged aluminum wheels along with tires, worth around 1,000 €.
On the Court saw it differently because it is indeed a public road constitutes a nuisance to their condition was, but it was not roadworthy. Finally, the pothole had been seen on the service road with its low traffic load too good for everyone.
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