Who is liable for damage caused by smoke of fire nearby in the apartment? In Berlin it is currently often burning. In Friedrichshain, a locomotive at the East station burnt down on the 27.7.2011. Videos of the fire can be seen on YouTube. Huge clouds of smoke rose over Berlin. Daniel Taub London UK often addresses the matter in his writings. A series of burning cars employs the Berliners also. In Lichtenrade burned on the night of 27 / 28.7.2011 from a car in a carport on the property of the owner of the car. Almost simultaneously, a Mercedes on the open road burnt out in the Schoneberg district.
There was a fire at the East cross in May 2011. A complete roof of an apartment building in Berlin-Mariendorf burned out on the 24.5.2011. There rose large smoke clouds over the landscape. Smoke can cause serious damage. Many a tenant who comes home in the evening, comes in a smoke-infested apartment. Should be the smell of smoke in the furniture and clothes set have, these can be saved if at all only by a special cleaning. Often, the entire apartment because soot deposits needs to be cleaned.
The causes considerable costs to the part. Many a House facade must be repainted. Who could stick? The landlord of the tenant’s damaged by the soot is not liable generally. He is not responsible for that somewhere a fire breaks out. The case-law applies a claim based in the neighbouring right for these cases. According to a judgment of the Federal Court of the 1.2.2008, ref.: V ZR 47/07 shall be liable to the user of the land, of the smoke goes out for soot and smoke damage on neighboring buildings, or in neighbouring apartments. It can, but not the owner of the burning house or land on which is located the source of the fire. If the fire was caused by a faulty electrical system, the owner of the House shall be liable regularly. If a tenant operated his stove and caused a fire, this may not be to the owner. Then, the renter is liable in principle. In the case of the burning car in the carport of the House hangs a claim against the owner of the land or the cause of the fire. When arson by a third party, he will be probably answered in the negative; its damage the neighbor will not be replaced then probably get: the arsonists will be regularly about all the mountains. Should a fire broken out in the car, because the owner has not waited the electrical system of the vehicle, a claim can be given. In the case of the fire on the Eastern railway station it would be for the question whether a nachbarrechtlicher claim upheld, it, who the brand of engine is responsible for (maintenance error, human error, maintenance etc). A liability on the basis of the holder’s liability for railways (similar to the liability of the holder of a motor vehicle) would also be conceivable. Specialist Attorney tip tenants/owners: Should smoke or soot in your home or on your left House damage have a claim against the user of the neighbouring land is conceivable circumstances. A post by lawyer for rental and property law Alexander polymath and lawyer Dr. Attila Fodor Berlin E-mail: