Federal Court of Justice
Car wash is liable for vehicle damage
After a car wash, the rear and spoiler of his car were broken. The driver demands compensation from the operator. The BGH has now decided whether he has to pay or not.
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 spoiler attached to the end of the roof was part of the car’s standard equipment. The highest German civil court has now ruled in favor of the plaintiff driver – and ruled that the defendant gas station, which operates the car wash, must pay him the full amount of the claimed damages of more than 3,200 euros.
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.
dpa
Source: Stern
