Accident in “Wetten: Legal participation for Samuel Koch

Partial success for Samuel Koch (37): The Federal Social Court in Kassel has referred the case of the former “Wetten, dass ..?” Participant back to the State Social Court ,. The judges of the 2nd Senate of the Federal Social Court discovered a so far overlooked fineness in the law, which could still help the cross -sectional actor to be accident insurance.

“This is a standard that is completely hidden, not at the front where you are actually looking for, but at the very back,” said court spokeswoman Jutta Siefert. It means paragraph 105 of the seventh social code – a provision that has been overlooked in the previous instances.

As a self -employed entrepreneur, Koch could possibly be insured because he was otherwise not insured. Because the 37-year-old was in his “Wetten, dass ..?” His father drove the car he tried to jump over. Several people participated in the stunt.

“Then part of the team may have participated in the damage,” said presiding judge Elke Roos. In this special case, the entrepreneur Koch, which was actually not insured, could be insured. The basic idea of ​​statutory accident insurance is to keep liability disputes out of the companies.

Koch’s lawyer Oliver Negele is surprised: “You will sometimes be surprised in the job even after 20 years. It is a partial success because we have now been lifted a judgment that existed with two instances.”

For Koch himself, the negotiation day in Kassel was emotionally stressful. “I thought I was finally relieved today that things are clear,” he said with mixed feelings. The actor suffers from enormous financial problems from his disability. “My papa went to his pension to get my care with me,” Koch reported openly in court.

The serious accident occurred on December 4, 2010 in front of millions of television viewers. Koch had bet of being able to overcome five cars that have increasingly increasing with jumping boots in the forward salto one after the other. According to the Federal Social Court, he concluded a contributory contract without payment, according to the Federal Social Court.

During the live broadcast, the then 23-year-old fell over the fourth vehicle at the Salto and contracted paraplegia. Since then he has been dependent on the wheelchair.

Koch had applied in 2020 to recognize the accident as an accident at work. His reasoning: he worked for a public law institution during the show, similar to a volunteer, and therefore insurance coverage. The administrative vocational cooperative refused. Both the Mannheim Social Court and the Baden-Württemberg State Social Court rejected his lawsuit.

The lower courts argued that his appearance on the show was mainly motivated by self -economical interest – he wanted to present and become known for his skills. The federal judges of the previous argument also follow in these points.

Now the Baden-Württemberg State Social Court must start over and check exactly how the Koch team acted and how the question of guilt is to be assessed. “For everything, the state social court will have to make up for the necessary findings,” said presiding judge Elke Roos. A final judgment is only possible afterwards.

The former art gymnast Samuel Koch had studied acting at the University of Music, Theater and Media in Hanover in 2010. He participated in various theater productions and played roles in series such as “Sturm der Liebe” or cinema films such as “honey in the head”. He also works as an author and published several books, including the autobiographical work “Two Life”.