Posts tagged #accident
All PostsAustrian OGH: No Compensation for Trauma after Plane Crashes into House
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the question of whether psychological distress following massive damage to property (in this case caused by a small aircraft crashing into a residential building) is eligib...
E-Scooter Accidents Aren’t Occupational Injuries
Civil LawAccording to the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH), if an employee has an e-scooter accident on their way to work, the Austrian national accident insurance does not have to pay a disability pension. In February 2023, the ...
OGH on the Protective Purpose of ‘No-Overtaking’
Civil LawIn order for there to be contributory negligence as a result of a breach of a protective rule, the breach of the rule must have the purpose of preventing a harmful event. It is therefore necessary that contributory negligence was involved. The plaint...
OGH: Avoidability Based on Mistake after Purchase of Damaged Car
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the avoidability of a purchase contract based a breach of the duty of information. The scope of the duty to inform depends on the subject of the contract and a buyer’s p...
OGH: Pupil Injured during After-School Care – Who Is Liable?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has dealt with the liability privilege mentioned in Sections 333 ff of the Austrian General Social Security Act (Allgemeines Sozialversicherungsgesetz, hereinafter ASVG). Only if the ...
Is Scratching a Car’s Paint with an Iron Shovel an Accident?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the definition of an accident as used in insurance contracts. An accident is an event that takes place suddenly and directly from the outside by means of mechanical force. ...
OGH on Chairlift Operators’ Liability
Civil LawIn transportation contracts, the obligation not to harm the physical well-being of passengers is considered a secondary contractual obligation. The first and second plaintiffs were riding the defendant’s chairlift in January 2018, when the weather su...
Air Passenger Rights: Inadequate First Aid Is Part of the Accident
European LawThe European Court of Justice (ECJ) has ruled that where a passenger is injured on board an aircraft and subsequently receives inadequate initial medical care which results in aggravation, this constitutes a single accident under the Montreal Convent...
OGH: Accident During Loading Not Subject to EKHG
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) again specified what is to be regarded as an accident during operation of a motor vehicle under the Austrian Railways and Motor Vehicles Liability Act (Eisenbahn-...
ECJ: Psychological Injury also Compensable after Aviation Accident
European LawThe European Court of Justice (ECJ) has clarified that under Art 17(1) of the Montreal Convention (MC), psychological injuries can also give rise to compensation claims against airlines. The initial facts of the case were an incident involving a Laud...
OGH on designed speed in the EKHG
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has ruled that an electric forklift whose maximum speed is electronically limited to less than 10 km/h does not fall within the scope of the Railway and Motor Vehicle Liability Act (Eisenbahn- un...
OGH: Compensation for total loss in the lack of intention to replace vehicle
Civil LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether the owner of a motor vehicle that has been totalled in a traffic accident can claim compensation from the liable party in the amount of the...
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