The duty to safeguard traffic and its violation


The person who creates a situation of danger, of whatever nature, is in principle also obliged to take the necessary and reasonable precautions to protect others from harm. However, the legally required traffic safety is not limitless. Not every abstract danger can be prevented. A general prohibition not to endanger others would therefore be utopian. In practice, it is impossible to achieve a level of road safety that excludes all damage.

A danger becomes liable only when an informed judgement finds that there is an obvious possibility that others will be endangered or harmed. can be damaged. The degree of care required in traffic is satisfied if, as a result, the degree of safety is achieved that is considered necessary by the prevailing traffic opinion in the relevant area.

The person responsible for traffic safety does not have to warn of recognizable dangers / does not have to take remedial action

In practical terms, this means the following: In the case of land, houses, roads, etc. the one who opens the traffic must take care of the traffic safety. If a public road is defective, for example in the form of deep potholes, the duty to ensure road safety is generally incumbent on the body responsible for road construction. If harm to a third party occurs on private property, the owner of the property may be held liable if a hazard was realized that was controllable and for which the owner could have taken appropriate precautions.

Liability only to the authorized user of a property / no liability to the person unlawfully entering the property

However, it must be borne in mind that, as a matter of principle, liability is only assumed towards persons who have to enter the property or. have entered the property out of legitimate self-interest. As a rule, there is no liability for road safety towards persons who enter the property illegally.

The type and scope of the traffic safety obligation depends on the specific individual case

The scope of the duty to protect the public is not regulated by law, but always depends on the respective individual case. The traffic safety obligation includes, for example, the maintenance of the road body, the installation of railings / otherwise fall protection, lighting in the dark or taxation in the event of black ice on public and/or private roads.

The contributory negligence of the injured party must always be examined and taken into account.

If a third party is injured as a result of one of the risks described above, the question of possible contributory negligence nevertheless arises. In the event of a breach of the duty to maintain road safety in the form of inadequate treading on slippery roads/paths, the question inevitably arises as to whether the danger was recognizable to the injured party and whether the injured party took sufficient precautions to protect himself against such danger, for example by wearing suitable footwear.

If you have been injured in the area of another's property, a public road or in any other way in the danger zone of another, I offer you as a lawyer with a focus on liability damage law a free initial consultation, in the context of which I will examine the prospects of success of any action against the carrier of the duty of care and show you the further steps to be taken.

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