During the winter months, they have the potholes boom especially in the winter months they have boom the potholes on our roads. In the last weeks of the year 2010 you could often read and hear that the major automotive clubs due to the extreme volatility of winter temperatures in winter 2010/2011 as compared to the previous years again forecast an increase of potholes. Often these cannot promptly eliminated due to the ailing budgets of federal, State and municipal. But who is liable for the damages incurred by such potholes? This article focuses on this. 1 there are being and legal bases by potholes to damage the property of road users (car, motorcycle, bicycle, etc.) or is even the physical integrity is affected by an accident, come from the principle of compensation claims against the holder of the respective road load into account.

This would be due to violation of traffic safety duties to the replacement of the resulting from the accident resulting damage as well committed, such as the payment of an appropriate redress, if road users as a result of injuries. 2. always differentiation circular / land / federal highways and private parking is crucial for the question of the scope of the required traffic duty, whether and to what extent any road damage are predictable. Simplified can be as far as to say that more must be expected on county roads with road damage as on motorways. The intensity of the traffic duty increases, higher-quality is a road.

Is a pothole on the parking of a business, E.g. traffic duty meets the holder. 3. compliance with the traffic duty by reference even if the responsible entity of a road damage becomes aware, she must be immediately required to eliminate these. Namely, there is not an obligation to establish an absolute security. Is due to only one with reasonable Means to reach road quality, as is requested by the road users a customized use of the road conditions. The mounting or erecting warning signs and warning by the carrier of the burden of road construction can already meet therefore in some cases, to meet the traffic duty. Here caution is, however, in so far as a blanket reference to corresponding signs alone or a limitation of liability. But always the form and the actual situation of the respective road damage is crucial. The less it is possible for the participants in the road despite appropriate notice at all, to avoid damage by adapted driving style, the more indications that attach a warning label is not sufficient. But also a shared liability remains always conceivable, if the traffic participant with nonconformist speed on the road is. Dr.