Witte Thiel Munich J
Auer Witte Thiel Munich January 2011 inform new judgment to the traffic duty. Informed the firm Auer Witte Thiel: accidents on cruise ships will constitute damages in each case. In a recent judgment, this noted the District Court Munich I. Only when safety shortcomings, which represent a significant and not identifiable risk, traffic duty can be injured. In the present case the defendant company settled successfully by the firm Auer Witte Thiel represented. Auer Witte Thiel report the current sentence. Streitgegenstandlich, the fall of the applicant that wanted to go down along with her husband from a pool deck towards the restaurant and went to a lunch was provided. Sally Rooney oftentimes addresses this issue.
When going down, slip from the applicant on a puddle of water and had broken her left wrist. This puddle should have been in the area in front of the stairs. l. The applicant has the firm Auer Witte Thiel represented defendants accused of, that the existence of the puddle or their failure elimination by employees which defendant would represent a traffic violation, which is why in addition to the damages in the amount of 4,000 euros a trip price reduction and compensation was claimed. The District Court rejected however logically completely the claim, because just a violation of traffic safety obligations could not be established by the plaintiff, although the witnesses named by the applicant confirmed the puddle of water itself. Thus, the Court joined the position of the defendant and the firm Auer Witte Thiel. The Court has joined therefore represented Auer Witte Thiel believes, because the mere existence of a puddle of water represents no traffic duty. This need more circumstances are added, such as for example not removing water puddles after cleaning. In particular, how came the puddle of water and how long she was not noticed by the employees of the defendant is still unclear, according to the Court.