Railway and Motor Vehicle Liability Act
| Basic data | |
|---|---|
| Title: | Railway and Motor Vehicle Liability Act |
| Long title: | Federal law of January 21, 1959 on liability for compensation for damage caused by accidents in the operation of railways and motor vehicles |
| Abbreviation: | EKHG |
| Type: | Federal law |
| Scope: | Republic of Austria |
| Legal matter: | civil right |
| Date of law: | January 21, 1959 Federal Law Gazette No. 48/1959 |
| Effective date: | June 1, 1959 |
| Last change: | Federal Law Gazette I No. 19/2017 |
| Please note the note on the applicable legal version ! | |
The Austrian Railway and Motor Vehicle Liability Act (EKHG) regulates compensation for damage caused by the operation of railways and motor vehicles . It is strict strict liability regardless of fault .
scope of application
According to § 1 EKHG, both personal and property damage caused by an accident while operating a railway within the meaning of the Railway Act 1957, a cable car within the meaning of the Cable Car Act 2003 or a motor vehicle within the meaning of the Motor Vehicle Act 1967 with a design speed of more than 10 km / h recorded.
An accident is a sudden external impact.
According to the so-called machine-based approach, a vehicle is in operation when it is propelled by its own engine power. The fact of operation is also realized when vehicles participate in traffic , since the movement of large masses at high speed also poses a typical operational hazard.
In some cases , case law interprets this term very broadly. For example, the owner's liability for the injury suffered by the passenger on a sharp edge of the glove compartment when getting into the car was affirmed.
Liable persons
According to § 5 EKHG, the owner , i.e. who has the actual power of disposal over the vehicle and operates it on his own account, is liable . The holder therefore does not necessarily have to agree with the owner . A vehicle can also have several owners (e.g. spouses ). However , there is no liability for short-term rental of a vehicle to a person ( car rental ).
The operating company is liable for damage caused by railways according to Section 5 EKHG.
For dodgers who take the vehicle into operation without the will of the holder, the holder shall not be liable. This exemption does not apply if the holder culpably made the unauthorized use of the holder possible. There is also a liability for employees of the keeper who illegally use vehicles left to them for fare dodging ("employed fare dodger").
In addition, in accordance with Section 19 EKHG , the owner must account for every person who worked with his will in the operation of the vehicle, insofar as this was the cause of the accident. This special attribution rule also applies to deictic compensation law under general civil law .
Disclaimer of liability
There is no liability if the accident can be traced back to an unavoidable event ( Section 9 EKHG). Such is the case if the accident could not have been avoided even if every possible care had been taken. A very strict standard is to be applied, so that the owner is not at fault alone is not enough. In addition, the accident must not have been caused by a fault in the condition or by failure of the work .
Even if the sphere of the holder is completely free of defects, he is still liable in the event of an extraordinary operational risk that goes beyond the normal operational risk (e.g. skidding). Such was accepted by the Supreme Court in the Sölden cable car accident , for example .
Individual evidence
- ^ A b c Stefan Perner , Martin Spitzer , Georg Kodek : Civil law . 4th edition. Manz , Vienna 2014, ISBN 978-3-214-11254-7 , pp. 361-364 .
- ↑ OGH February 5, 1992, 2 Ob 64/91
- ↑ OGH 11.01.1996, 2 Ob 98/95
- ^ Peter Apathy , Andreas Riedler : law of obligations special part . In: Peter Apathy (ed.): Civil law . 5th edition. tape III . Verlag Österreich, Vienna 2015, p. 261 f .
- ↑ OGH 17.12.2007, 2 Ob 215 / 07T