Following a fall on Gullydeckel:

In a recent ruling, the Higher Regional Court in Celle has held the municipality of Lindwedel liable for damages after a walker suffered a broken kneecap due to a manhole cover tilting and causing a fall into a sewer shaft. The judgement, available as a PDF under the title "ManholeCoverDecisionOLG", may have implications for other municipalities, obliging them to stand for any subsequent damages.

The court's decision is not uniform regarding liabilities for manhole cover incidents. In another case, the municipality of Cologne (Köln) was held responsible for an accident involving a pedestrian with a broken ankle caused by a toppled manhole cover and was ordered to pay damages of 12,500 euros plus around €4,400 for lost income, household damages, and legal costs.

The manhole cover incident in Lindwedel occurred near the train station in September 2020. However, the manhole cover had been disposed of before the trial, making it impossible to inspect. Despite this, the court based the amount of damages on known pain and suffering tables but emphasized that each case must be assessed individually.

The court ruled that manholes, especially those with known risks, should be secured particularly well. This was also the case in the Samtgemeinde Schwarmstedt, where similar incidents occurred, but the court ruled that manholes should be secured particularly well, especially with known risks.

Contrastingly, the court has ruled that unevenness on municipal roads does not make the municipality liable for falls of cyclists, as they have a duty of care. An 8-year-old boy tripped over a barrier chain and sued the city, but the OLG Nuremberg ruled that the city does not have to pay.

The judgments regarding manhole cover incidents vary. The municipality failed to prove that force majeure caused the accident, and there was no evidence of material defects or inadequate maintenance. This underscores the need for each case to be assessed individually regarding damages.

In light of these rulings, the Higher Regional Court in Celle has issued a warning to municipalities about the responsibility for ensuring safety of infrastructure that may pose a risk. The court's decisions serve as a reminder for municipalities to prioritize the safety of their citizens and properly maintain their infrastructure to prevent such incidents from occurring.