Hiking at Your Own Risk: Court Denies Compensation for Injured Hiker
Hiking enthusiasts should be aware that they partake in such activities at their own risk. This was recently reaffirmed by the Federal Court of Justice in Germany, who rejected an appeal from a man from Lower Saxony who was seriously injured by a falling tree while trekking on the Harz Witches' Trail. The judgment, initially handed down in March 2020, is now legally binding, as announced by a spokesperson from the Magdeburg Regional Court on Monday.
The man, from the district of Friesland, had filed a lawsuit against the town of Thale, seeking over 200,000 euros in compensation for his pain and suffering. He claimed to have been hiking with his family on the Harz Witches' Trail in July 2018, near Thale, when a tree fell on him. Despite his enthusiasm for hiking, the Federal Court of Justice upheld the Magdeburg Regional Court's ruling, which deemed forest trails as self-risk activities.
Understanding Compensation for Hiking Accidents
While every incident is unique, here's a general overview of liability, insurance, and potential avenues for compensation in hiking-related accidents in Germany:
Landowner Liability and Negligence
Germany's landowners have a duty to ensure their property, including trails, is safe for users. If negligence is proven in maintaining the trail, they may be held liable for resulting accidents.
Accident Insurance (Rechtliche Unfallversicherung)
Germany's mandatory legal accident insurance typically covers incidents during work or leisure activities such as hiking. In some cases, hikers may claim compensation for medical expenses and losses associated with the incident.
Civil Liability (Schadensersatz)
If a hiker can prove negligence caused the accident by another party, they may be entitled to compensation for damages, including medical expenses, lost income, and related costs.
Statutory Provisions (Bundesnaturschutzgesetz)
The Federal Nature Conservation Act regulates the protection of nature and environments, including trail maintenance. If negligence in trail maintenance results in an accident, the responsible party may be held liable under this act.
Procedural Steps
To pursue compensation for an accident, hikers should initially explore their insurance options and, if necessary, pursue civil liability claims against the responsible parties. This may involve statutory provisions and expert assessments to establish liability and determine the extent of compensation.
In the case of the man from Lower Saxony, the Federal Court of Justice made it clear that hikers engage in these activities at their own risk. As such, it's essential for hikers to be well-informed and understand the potential liability and compensation options associated with their outdoor pursuits.
