The Munich I Regional Court decided a legal dispute about the duty of care on golf courses. A golfer lost her balance after falling on the golf course and suffered a painful torn ligament. The injury resulted in her being unable to work and forced her to cancel her planned vacation.

The woman blamed the golf course operator for the incident and demanded compensation. The main point of contention was the question of whether the potentially dangerous area was adequately secured.

Golfer sues operator after fall in underpass: demand for compensation

In the fall of 2023, an accident occurred on a regular golf course: a golfer fell when her golf cart skidded on a wet grassy section on the slope of an underpass. The fall resulted in serious injuries, including a bony ligament tear and a ruptured lateral ankle ligament. The golfer was unable to work for three months, had to undergo physiotherapy treatments and cancel a planned vacation.

She then sued the operator of the golf course, demanding compensation for pain and suffering and damages. The ruling highlights the legal limits of the duty of care on golf courses.

Dispute over golf course accident: Did freshly mown grass influence the incident?

The plaintiff is demanding compensation from the operator of the golf course and argues that the increased duty of care was violated on the sloping section. She claims that freshly mown grass increased the risk of accidents, although she was unable to recognize the danger.

The operator denies both the circumstances of the accident and its responsibility. No mowing work was carried out at the accident site and employees did not find any grass residue. The operator emphasizes that grass residue and sloping sections are typical risks on a golf course. As a long-standing club member, the plaintiff should have known the area well and should have been cautious. The outcome of the proceedings remains open.

Verdict: Golf course operator not liable for golfer's fall

The Munich I Regional Court (judgment of December 10, 2024 - 13 O 7261/24) dismissed a golfer's claim for compensation for pain and suffering. The plaintiff was unable to clearly prove the course of events of the accident. While she stated that she had slipped on wet grass, the medical report reported a twisted ankle.

The court ruled that the operator of the golf course had not violated any duty of care. Golf course operators are only obliged to protect against unforeseeable dangers that go beyond the usual risks of golf. Even if grass remains had been present, these are considered to be foreseeable and recognizable risks for golfers and do not represent an extraordinary danger.

The court also found that the plaintiff bore "a large degree of contributory negligence". She had not acted with sufficient caution when driving down the slope with the golf trolley. Therefore, no claim for damages or compensation for pain and suffering was recognized.

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Der Beitrag Keine Haftung des Golfplatzbetreibers bei Sturz durch feuchtes Gras erschien zuerst auf R&U.

Munich – This extensive recall, affecting 1.5 million vehicles, has significant financial consequences for BMW and is generating negative media coverage. The reason is a potential defect in the braking system that affects numerous models, including those in Germany. This safety measure is intended to prevent (serious) accidents, but that appears to have already happened: A serious accident involving a BMW model that has not yet been recalled is casting the Munich-based premium manufacturer in a negative light.

In the incident reported by Bild, a BMW X7 was involved in an accident in the Czech Republic after the driver from Germany suddenly had to brake hard.

BMW recall: Vehicle involved in an accident in the Czech Republic

The 34-year-old was on vacation with his partner and two dogs when his brakes failed on a motorway, significantly impairing his driving. Despite a reportedly 200-meter braking distance, the collision with another vehicle could not be avoided; fortunately, however, the occupants were uninjured.

According to the report, the incident was also exacerbated by the fact that the section of road was limited to 120 km/h. The braking problem, which led to the recall of BMW vehicles, affects both the anti-lock braking system (ABS) and the dynamic stability control (DSC) and can endanger the safety of the vehicle's occupants and other road users.

BMW and the faulty brakes: Report on delayed recall letter

The owner of a 2.5-ton BMW SUV had purchased the vehicle months before the accident. The automaker's response was allegedly inadequate: Despite an existing mobility guarantee, the driver was initially referred to the train because the car was no longer drivable.

Furthermore, three days after the accident, the man unexpectedly received an official recall letter citing the problem with the Integrated Braking System (IBS). Thus, the necessary and presumed explanation for the accident reached him late.

Brake problems at BMW: Accident driver sues the premium manufacturer

According to reports from Bild, BMW's response to a corresponding inquiry is causing confusion. Initially, the manufacturer stated that after inspecting the car involved in the accident, no technical defect in the braking system could be detected. Just a few days later, the driver received the surprising notification that the braking system of his X7 (M version) needed to be replaced. The accusation is that BMW attempted to conceal the technical defect in connection with the accident. "I almost died," the driver of the accident is quoted as saying, and he has now initiated legal action against the manufacturer.

Immorality or negligence?

If a court finds the vehicle to be immoral, car buyers have the option of returning the vehicle to the manufacturer. In this case, they will receive a refund of the purchase price less the vehicle's previous use.

In cases of negligent action on the part of the manufacturer, the difference in damages applies: Under certain conditions, buyers can receive up to 15 percent of the purchase price back without having to return their vehicle. This regulation allows buyers to receive financial compensation for the damage they suffered without having to abandon the vehicle.

BMW brake problems affect numerous model series

A Munich law firm has initiated legal action on behalf of the affected driver and declared the cancellation of the car purchase. Confidence in the vehicle has been irrevocably destroyed, and the driver does not want to expose himself to such danger again. In addition to recalling vehicles already sold, BMW has also imposed a delivery freeze on approximately 400,000 new vehicles. These vehicles, which include the X7 and numerous other model series, may only be delivered after a software update has been installed and, if necessary, the brake system has been replaced.

BMW recall: Options for car buyers of affected models

According to BMW, these measures will take several months due to the current shortage of spare parts. New car buyers will also be required to sign a letter informing them of the defect and the necessary repairs.

BMW customers whose vehicles are affected by the defects have legal options: The statutory liability for material defects generally applies for two years from the date of purchase. Vehicles purchased in 2022 can therefore be claimed until the end of 2024.

In a letter from the law firm, customers are granted the right to reduce the purchase price or withdraw from the contract. In certain cases, they may also be entitled to claim damages, particularly if the manufacturer can be proven to be at fault.

BMW recall affects around 150,000 models in Germany

According to the manufacturer, the problems with the BMW braking system have been identified in approximately 150,000 models in Germany alone. The German Press Agency (dpa) reports that between three and five percent of the components supplied by Continental are defective, which is why all affected vehicles must be inspected. Due to several problems, the Munich-based automaker has significantly reduced its sales and profit expectations for 2024. In addition to the recall due to the braking system, weak sales figures in China are also responsible for this.

Profit before taxes is expected to decline by at least ten percent compared to the previous year.

Der Beitrag Millionen-Rückruf bei BMW: Klage eines Mannes nach schwerem Unfall erschien zuerst auf R&U.