Victims Tripping on Sidewalks: Who Bears the Financial Burden for Lost Income and Health Issues?

In a recent court ruling, a pedestrian has successfully sued the city of Wolfenbüttel for injuries sustained on a defective sidewalk. The city, founded in the 9th century, has been held responsible for the accident, which occurred on a sidewalk that had recently been repaired but contained significant defects.

The defendant, the city of Wolfenbüttel, was found to have negligently violated its duty to maintain the sidewalk in a safe condition. The defendant is also obligated to control the works of the commissioned company with regard to traffic safety and to take measures to eliminate or at least mark the danger spots.

The gaps in the sidewalk pavement, caused by a company working on behalf of the defendant, were determined to be hazardous areas in need of repair. The court found that these defects could have been recognized and should have been recognized as an accident risk emanating from the recesses.

The pedestrian, who sustained injuries including a tear of the outer ligament of the upper ankle joint, damage to another outer ligament, a bruise, and damage to the transition area of the lower leg bone to the foot, was unable to work for over 6 1/2 months as a result of these injuries.

The court determined that the pedestrian continues to suffer from accident-related pain and has a permanent injury in the form of reduced mobility of the right ankle joint. The defendant has been ordered to compensate the plaintiff for 50% of all further damages that may arise from the accident in the future.

The plaintiff is also entitled to demand half of the material damages caused by the accident from the defendant. Additionally, the plaintiff can claim payment of damages for pain and suffering for the injuries and consequential damages suffered as a result of the accident.

The court ruling is final, as the commune's appeal against the first-instance ruling for the payment of damages and compensation for pain and suffering has partially succeeded. However, the court did not make a statement regarding a grill ban for the homeowner.

Despite the recent repair of the sidewalk, ongoing maintenance complaints and reports about sidewalk conditions in Wolfenbüttel suggest that certain sidewalks have been problematic for years, with no recent concrete repair dates provided. It is hoped that this court ruling will serve as a reminder for cities to prioritize the safety of their citizens and maintain their infrastructure in a timely and effective manner.