German courts rule on municipal liability and police costs

Two recent German court rulings have clarified matters of municipal and police liability.

The Landgericht Stuttgart ruled that a city is not liable for every fall occurring on public paths. In a case where a pedestrian was injured by a two to three-centimeter unevenness in a pedestrian zone, the court rejected claims for damages and pain and suffering. The court stated that while municipalities must keep paths safe, they are not required to eliminate every minor unevenness, which is considered a general life risk. Liability only applies if a hazard is unexpected or not recognizable in time.

Separately, the Verwaltungsgericht Regensburg decided that a tenant is not responsible for the costs of a door broken by police during a search. Although the police action was lawful and based on suspicions of drug activity involving a subtenant, the primary tenant had no knowledge of these activities. The court ruled that because the tenant bore no responsibility for the suspected crimes and did not culpably cause the suspicion, the police could not reclaim repair costs from them.