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German Tort Law

German LawGerman Real Estate LawGerman Tort Law

German Civil Law Explained

New Article-by-Article Commentary of the German Civil Code English speaking lawyers who deal with German civil law issues on a regular basis can turn to a helpful new resource: The German publishing houses Beck and Nomos have teamed up for this project and have just released a 2,300 page article by article commentary of the first three parts of the German Civil Code (Bürgerliches Gesetzbuch): Book 1: General Part Book 2: Law of Obligations (including…
Bernhard Schmeilzl
January 15, 2021
Business in GermanyCivil actionCriminal LawGerman LawGerman Tort LawLitigation in Germany

Putting Someone on Speaker Phone without telling them?

It's not only rude, but outright criminal In their piece about Speakerphone Etiquette, The Huffington Post recommends: "Always ask the person on the other end of the line if he or she minds being put on the speakerphone. Some people find them annoying and invasive." This is excellent advice, especially if you speak to Germans on the phone. Why so? Because a German might not only be annoyed to find out that somehas has secretly…
Bernhard Schmeilzl
February 8, 2017
Civil actionGerman LawGerman Tort LawGoing to court

Does German Law of Torts know the Egg Shell Skull Rule?

Under English law of torts, a claimant is entitled to pursue a claim for injuries that have been sustained as a result of the negligence, even if their response to the damage they suffered was unusual or not predictable (e.g. due to brittle bone disease, haemophilia or a nervous disease of the injured person). This principle is known as the “egg shell skull” rule and means that the wrongdoer takes the claimant in the position they…
Bernhard Schmeilzl
April 19, 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