Child gets off earlier from the Bus: contributory negligence in case of accident

The ADAC weits on the following judgment of the higher regional court of Naumburg (Az.: 10 66/16): With a public bus, an almost-twelve-year-old student drove home. On the way she asked the driver to stop in front of the original stop on the road, which is off. That would be a great shortcut. The driver came out, opened the door, turned on the hazard lights. The girl got out and crossed behind the Bus on the road. There was an accident with a car, which drove slowly on the opposite lane.

The parents requested damages for Pain and suffering. Their reasoning: A elfjähriges child is not culpable alone. The insurance refused the payment. A child at this age would be able to recognize the self-induced Situation. It would at least have to wait until the Bus blocks the view of, before it went on the road. 30 per cent of the damage had already been paid.

The court of the insurance. A child in this age have the necessary understanding and insight. And so the Knowledge that there are significant dangers to go behind a Bus on the road. So something is only to do with the appropriate caution. Therefore, the applicant would have to bear a contributory negligence percentage of 70 percent. The bus driver would have, however, may not hold outside the actual station. Also the other motorists would sooner be able to respond. That, however, had already been taken into account in the fault share of 30 percent.

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