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is damaged a car by a garage door opens automatically, because the driver has complied with no safe distance from the gate, the garage owner is not responsible for the resulting damage. This was decided by the District Court of Munich with a recent ruling (Case No.: 23668/09 161 C).

The man had his car parked in the garage of a fitness studio. When he wanted to take the early hours of the garage, there was a mishap.

Of the perils of technology

The rolling door of the garage that is opened only when a sunken induction loop ran over. After the driver had run over the loop, the gate did not open but he went a bit farther. At that moment lifted the gate. It touched a protruding edge at the front of the vehicle, where damage was of almost 3,300 €.

His reasoned against the garage owners claimed damages of Car drivers, among other things, that the door in his opinion would have to open immediately after he had crossed the induction loop.

addition would in his view, the door with a so-called "dead-man switch" must be secured, the rolling mechanism stops when a resistance immediately. Because then it would not come to the damage.

safe distance

defended In the ensuing dispute, the gym so that the technology was intact and it has never come to vehicle damage. Besides, he adds, visitors to the studios was pointed out that the garage door after passing over the induction loop only after a time delay opening.

The studio felt therefore not responsible for the incident. And rightly so, said the Munich district court. It dismissed the damages claim of the owner as unfounded.

According to the court above conclusion on a roller door edges are quite common. Motorists who want to go through such a gate must therefore keep a safe distance.

Lack of patience

A garage owner is not obliged to make use of a technique that opens a gate immediately after driving over an induction loop. Rather, it can be expected that the user of a garage tolerated for a moment and wait until the mechanism in motion.

he does not do it in so grossly violated basic precautions that behind a possible fault of the garage owner to withdraw completely. Also, the fact that the door was not secured by a dead-man circuit founded, the Court finds no liability to the gym.

"The gate was closed that is visible to everyone. The situation is therefore not comparable to that in which endorses a goal back when a car is in the gate area, "says the court's opinion. The decision is now final.