E-Scooter Accident: No Damages Awarded

Aug 6, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has issued a recent decision regarding a claim for damages arising from an e-scooter accident.

Fall after safely passing the parked vehicle

In the case at hand, the claimant had proceeded past a stationary vehicle that had been parked by the first defendant, operating an e-scooter at the time. The first defendant, intending to exit the vehicle, activated the door release mechanism. Upon the car door opening, the claimant decelerated her e-scooter. No physical contact occurred between the claimant and the first defendant.

After safely riding the e-scooter for 7 to 11 seconds and for about 30 metres, the claimant then turned right to speak to the first defendant; the scooter began to wobble, leading to her fall and injuries.

The OGH determined that liability pursuant to the Austrian Road Traffic Act (StVO) and the Motor Vehicle Liability Act (EKHG) does not apply

The OGH affirmed the dismissal of the claim, finding no relationship between the alleged incident and the protective intent underlying liability pursuant to Section 23(4) of the Austrian Road Traffic Regulations (StVO), nor any connection to danger as defined by the Railway and Motor Vehicle Liability Act (EKHG). While Section 23(4) of the StVO is intended to mitigate risks associated with improper opening of vehicle doors—including situations requiring evasive action—the Court held that these circumstances did not establish the necessary legal grounds for liability.

The damage is not within the scope of the provision’s purpose

The harm in question falls outside the intended protection of the provision, since it resulted from the claimant’s personal choice to stop and initiate contact after the vehicle had already moved past without incident. This individual action disrupts the required legal causal relationship between the event and the associated risk.

OGH 2 No. 85/26 (23 June 2026)