Austrian EKHG Liability: Vehicle Rolls Away Due to Spontaneous Combustion

Aug 27, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to assess the liability of a vehicle owner in circumstances where a parked vehicle, left in first gear, ignites, subsequently begins to roll, and causes damage to another vehicle.

In the case at hand, the defendant had parked their vehicle on a public road with a minor slope. The vehicle was left in first gear without the handbrake being engaged. Owing to a technical malfunction, the vehicle caught fire and subsequently began to move, ultimately colliding with the claimant’s parked vehicle. The claimant’s vehicle was destroyed as the flames spread. As a result, the claimant sought compensation for the damage to their motor vehicle pursuant to the Austian Railway and Motor Vehicle Liability Act (Eisenbahn- und Kraftfahrzeughaftpflichtgesetz, hereinafter EKHG).

The lower courts dismissed the claim, determining that the defendant was not liable on the grounds that there was no causal link to the spontaneous combustion, which was not caused by the operation of the motor vehicle. The claimant lodged an appeal against this decision, arguing that the defendant's vehicle had entered into operation by rolling away, and that the causal link between the risk and the event was therefore established.

The specific protective purpose of the EKHG

The OGH issued the following statement:

The primary risk addressed by the protective objective of the EKHG concerns the velocity of vehicles powered by engines. Consequently, if engine-driven movement results in operational system conditions—such as overheating or damage—that subsequently cause harm, this establishes the necessary causal relationship. In the present case, however, no evidence was found indicating a connection between the vehicle's operation and the outcomes observed.

A causal connection can exist even if the engine is not running, as a vehicle may still pose a risk simply by being part of traffic. For instance, a car that is pushed or left parked on a slope without precautions to stop it from rolling away could present such a danger.  

These conditions do not pertain to this context; the rolling occurred solely as a consequence of the ignition process.

The injured party bears the risk

The OGH has previously determined that when a parked vehicle experiences self-ignition not attributable to it being driven, the incident does not involve the specific risks associated with a vehicle operating under its own power or engaging in traffic. Instead, the event reflects the general risk inherent in any energy-powered system, whereby energy may unintentionally be converted into heat. In these circumstances, the association with the motor vehicle is so incidental that the accident is considered part of the general risk assumed by the injured party.

28 July 2026, the OGH 2 Ob 97/26t