[eu]cite

Home› Civil Code & Private Law› BGB (EN)

Book 2 · Law of obligations  ›  Title 27 · Torts › Section 836

Liability of the owner of a plot of land

(1) If a human being suffers injury to life, limb or health, or if a thing is damaged, by the collapse of a building or any other work attached to a plot of land or by parts of the building or work separating therefrom, then the possessor of the plot of land is liable to provide compensation to the injured person for damage resulting from this, to the extent that the collapse or separation is a consequence of defective construction or inadequate upkeep. Liability in damages does not apply if the possessor has exercised the care required in business dealings for the purpose of averting danger.

(2) A previous possessor of the plot of land is responsible for the damage if the collapse or separation occurs within one year after they vacated possession, unless during their period of possession they exercised the care required in business dealings or a later possessor would have been able to avert the danger by observing such care.

(3) The possessor within the meaning of these provisions is the owner-occupier.

←→ also move between sections