Money truck case
The money transporter case was a case to be decided by the German Federal Court of Justice (BGH) on December 10, 1996 in the field of civil law , which dealt with the liability-establishing causality in the event of indirect damage being caused .
The facts were as follows: In the course of a traffic accident caused by a motorist, a money transporter overturned several times and came to a stop in the ditch. The money transport vehicle was transported to the parking yard of a police station and the next day, when the cargo was checked, it was found that two money transport suitcases with cash worth DM 256,570.50 were missing. With regard to the perpetrators, it could only be ascertained that the theft probably occurred shortly after the accident, as the vehicle was being towed and the police were constantly monitored. The money transport company thereupon sued the liability insurance of the motorist who was responsible for the accident, and made a claim for tortious acts in accordance with Section 823 (1) BGB .
Problem was the case, whether the intervention of the third offender still the original tortfeasor attributed could be. In contrast to the appellate court , the BGH considered the attribution context to be fulfilled, since the motorist triggered a situation, thus creating a risk that a third party could gain access to the money. It is not unusual and improper behavior by a third person, provided that they use the situation to commit a theft in a traffic accident. This is not out of probability. If the theft occurred at the scene of the accident, a claim was justified.
However, the BGH made it clear that something else would apply if the theft first happened at the police station, i.e. if this would no longer be attributed.
See also
Individual evidence
- ↑ BGH NJW 1997, 865.
