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Property damage due to an accident
Property damage from derailment

As property damage one is damage-forming event , such as the accident or consequential loss or damage referred to the damage or destruction of things like buildings , roads , vehicles , objects and other things inanimate nature has resulted.

Legal situation in Germany


Matters within the meaning of § 90 BGB are all physical objects, regardless of their economic value or their physical state . Animals are not things according to § 90a sentence 1 BGB, but the regulations for things in accordance with § 90a sentence 3 BGB apply accordingly. In addition, according to Section 90a sentence 2 BGB, for example, the Animal Welfare Act for their protection special application.

Insurance law

Property damage within the meaning of § 1 of the General Liability Conditions is any impairment of the condition of an item that affects its economic usability for the intended purpose. A building that has gone crooked is property damage, while a material defect that arises from the outset does not constitute property damage. Damage to property therefore presupposes a finished and defect-free item.

Property damage can range from slight scratches (for example on a piece of jewelry ) to complete destruction (for example a building ).

Property damage

The deliberate and illegal damage to a third-party property is referred to as property damage . This is punished according to § 303 StGB with a fine or imprisonment for up to two years.

Swiss insurance law

In Swiss insurance practice, destruction, damage or loss of property is considered property damage. The functional impairment of an object without its substance impairment does not count as property damage according to Swiss insurance conditions (see Additional General Conditions (ZAB) for liability insurance for political communities and municipalities).

See also

Web links

Wiktionary: Property damage  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. Palandt , Commentary BGB, 65th edition, Heinrichs, § 90 BGB marginal number 1.
  2. BGH VersR 1979, 853
  3. Carmen Hugel, Haftpflichtversicherung , 2008, p. 100