Category

Litigation in Germany

Civil actionGoing to courtLitigation in Germany

Compensation for a wrecked Car under the German Law of Torts

Car Accidents: How are Damages calculated under German Law? Each year, German police registers 2.2 million traffic accidents (for official 2016 stats see here). German insurers, lawyers and Courts are thus constantly faced with the question how to calculate damage claims after a car accident has occured. If the car can still be repaired, the matter is fairly simple. The Defendant must pay for the costs for a state of the art repair plus the…
Bernhard Schmeilzl
May 31, 2016
Civil actionGerman LawGerman Tort LawGoing to courtLitigation in Germany

German Law of Torts: Are Accident Victims entitled to a New House?

Can a disabled injured person claim for the predicted cost of accommodation or only the actual costs after they have been incurred? Under German law, a person who is impaired by an accident is entitled to adequate housing. The extent and amount necessary for adequate housing depends on what an impaired person would reasonably require. This can be determined by an expert, who will be appointed by a German court. However, a difficult and strongly…
Bernhard Schmeilzl
May 31, 2016
Civil actionGoing to courtLitigation in Germany

A German Claimant can’t be his own Witness

Civil Procedure Laws and actual Litigation Practice in German Court Rooms is very different from English or US Civil Trials Under the English Civil Procedure Rules, it is common practice that a Claimant provides a witness statement to the court. To the eyes of German lawyers and Judges, this is a strange concept, because German law does not allow parties to provide witness statements as evidence before the Court. Under section 447 German Civil Procedure…
Bernhard Schmeilzl
May 31, 2016
German LawGerman Tort LawGoing to courtLitigation in Germany

If you are bitten by a Dog in Germany …

Tort claims based on animal attacks in Germany Animals are unpredictable. Even well-tempered dogs can snap out of the blue. Under German law, the owner (more precisely the keeper, but in most cases owner and keeper are the same person) is legally responsible and financially liable for any damage his/her dog causes (see Section 833 German Civil Code), even if the keeper has done nothing wrong and the animal has never before attacked someone. Therefore,…
Bernhard Schmeilzl
April 21, 2015