Car washes are liable for car damage – under one condition

If a vehicle is damaged in a car wash, the operator is generally liable. This was announced by the Federal Court of Justice (BGH) in a judgment in Karlsruhe. According to the judges, the decisive factor is that the car is standard and properly equipped. If a car wash is not suitable for a marketable vehicle due to its design, this risk is not borne by the driver, but by the system operator. (Af. VII ZR 39/24)

In the case heard in Karlsruhe, the rear spoiler of a Range Rover was torn off during a washing process. The rear of the vehicle was also damaged. The special thing about the case from North Rhine-Westphalia was that the car wash worked properly – the vehicle and the system were simply not compatible, as an expert found. The operator had put up a sign with warnings about parts that were not standard equipment and also warned on a note that he was not liable for add-on parts and rear spoilers. The Münster regional court did not see any breach of duty on his part and dismissed the driver’s lawsuit. However, the BGH has now overturned this judgment and awarded the driver the full amount of damages demanded of more than 3,200 euros. The spoiler was part of the standard equipment.

The plaintiff from Rheine in North Rhine-Westphalia was entitled to trust that his vehicle would come out of the car wash undamaged, said the presiding judge, Rüdiger Pamp, when announcing the verdict. The car wash was therefore in good condition, but not suitable for the plaintiff’s car. According to the Civil Senate, the gas station must be liable for this.