A man parks his car at a car wash in 2021. After washing the rear spoiler tore off. The BGH now wants to decide who has to pay for the damage.
Is the operator of a car wash liable for damage to a vehicle during the washing process? The Federal Court of Justice (BGH) has addressed this question. The specific case is so interesting precisely because it is clear that both the car and the car wash were previously in proper condition, said the presiding judge, Rüdiger Pamp, at the oral hearing in Karlsruhe. Ultimately it is a question of evaluation. The Seventh Civil Senate plans to announce its answer on November 21st.
The legal dispute being heard at Germany’s highest civil court concerns a Range Rover whose rear spoiler was torn off in a car wash. As a result, the rear of the vehicle was also damaged. The spoiler attached to the end of the roof was part of the car’s standard equipment. The driver demanded more than 3,200 euros in damages from the gas station that operates the car wash and went to court (ref. VII ZR 39/24).
The lower courts disagreed on the matter. The Ibbenbüren district court initially convicted the operator of the car wash as requested. However, upon his appeal, the Münster Regional Court dismissed the lawsuit. The court argued that car wash operators only had to be liable if there was an objective breach of duty.
Car and car wash “didn’t fit together”
In this case, however, no malfunction was found in the system, according to the regional court. If the car is unsuitable for the automatic washing process due to its design, this is the driver’s responsibility. An operator does not have to adapt his car wash to all of the vehicle’s special equipment and is also not obliged to warn drivers of possible damage.
“This car wash and this car did not fit together,” Judge Pamp quoted an expert heard in the lower court as saying. One can at least question whether the driver is actually responsible for the compatibility of the car and the car wash – as assumed by the regional court. Can a breach of duty by the operator be justified by the fact that the system was simply not suitable for the car? And: Should the operator have informed the driver of possible dangers?
The Senate wanted to “deal with all of this again,” Pamp explained at the end of the hearing. On Thursday, the Karlsruhe judges did not reveal a clear trend in which direction the verdict could go.
Source: Stern
