Will break a helmet
Helmet can break and still be safe
As the telephone legal advice of the German lawyer hotline reports, a moped driver bought a helmet with the standard ECE 22.05. Helmets of this standard are tested particularly strictly for their safety. A few months later, the man had an accident with his moped in which he fell and hit his head against a street lamp. The helmet broke and he was seriously injured.
The driver involved in the accident was of the opinion that the helmet had a defect and should have better protected against injury. He demanded compensation from the manufacturer, but the manufacturer refused. Because the helmet had been tested under the required conditions for the safety standard. The case went to court.
The manufacturer is not generally liable in the event of breakage
The Brandenburg Higher Regional Court gave the manufacturer the right and thus also confirmed the decision of the lower court. There is no evidence that the helmet had a material defect at the time of the accident. This does not necessarily have to be present just because the helmet broke. Because not breaking in such an accident is not a requirement for the safety standard, said the court.
An expert had also confirmed the functionality of the helmet: First of all, the helmet had the task of protecting the wearer from injuries as well as possible - the helmet had done this by keeping the damage as small as possible. The manufacturer cannot be blamed for this and the man is therefore not entitled to compensation for pain and suffering.
Higher Regional Court of Brandenburg
File number 1 U 8/13
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