Federal Court of Justice
Who is liable for damage caused by car washes?
After a car wash, the rear and spoiler of his car were broken. The driver demands compensation from the operator – but the operator does not pay. Who is right? The BGH now wants to decide that.
The Federal Court of Justice (BGH) wants to announce its verdict on Thursday (9 a.m.) on the question of whether the operator of a car wash must be liable for damage to a vehicle. What is interesting is that in this specific case, both the car and the car wash were previously in proper condition, said the presiding judge, Rüdiger Pamp, at the oral hearing at the end of October. The car and the car wash simply didn’t fit together.
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 spoiler attached to the end of the roof was part of the car’s standard equipment. The driver of the Range Rover demanded compensation of more than 3,200 euros from the gas station that operates the car wash. (Af. 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 appeal, the Münster Regional Court dismissed the lawsuit – there was no objective breach of duty by the operator. If the car is unsuitable for the automatic washing process due to its design, this is the driver’s responsibility.
dpa
Source: Stern
