OGH: Drunkenness not a "daily life hazard"

Jun 24, 2022 Benn-Ibler Rechtsanwälte

According to the Austrian Supreme Court (Oberster Gerichtshof, OGH), heavy drinking in road traffic is not a "daily life hazard" (“Gefahr des täglichen Lebens”) and does not constitute an insured event.

In the original case, the son of the liability-insured plaintiff was riding his bicycle home after a party. On the way home, an accident occurred because the son, who was heavily intoxicated (1.5 per ml), was riding without lights on the unlit roadway in the dark, despite the existence of a bicycle path. When the other person approached from behind on her motorbike and started to overtake, the cyclist suddenly changed his line of travel and swerved to the left. He did not give any hand signals. As a result, the parties involved in the accident collided and sustained injuries.

The plaintiff sought a declaration of insurance coverage. According to the General Conditions for Raiffeisen Housing Insurance (Allgemeinen Bedingungen für die Raiffeisen Wohnungsversicherung, ABWH/RV 06.2016), the insurance also extends to compensation obligations of the co-insured persons "arising from the hazards of everyday life".

The court of first instance dismissed the claim. The court of appeal upheld it.

According to the OGH, the insurance-law term "daily life hazard" includes those dangers that usually have to be expected in a person's private life. Extraordinary situations are also covered, even if not all unusual and dangerous activities are covered. It is sufficient if the hazard occurs repeatedly, albeit less frequently, according to experience.

However, the plaintiff's son, by driving under the influence of alcohol without lights and suddenly swerving without hand signals, created a special hazardous situation, which not only entailed an extraordinary danger for himself, but above all for others, without there being the slightest necessity for it. Such a situation would not occur again and again in the normal course of life.

Therefore, no daily life danger had materialised.

OGH 7 Ob 7/22p (28.04.2022)