A contribution to the liability of the lessor or third in a carbon monoxide poisoning of the tenant (defective gas water heater, fitting errors, liability of the Installer). A current tragedy makes headlines. Recently several people have died of carbon monoxide poisoning in a rented flat in Berlin-Kopenick. The public prosecutor’s Office determined. The question of civil liability is not (yet) see.
Damage caused by a defective gas water heater or gas leakage, cause several managers in question. Generally, the landlord is obliged to install a gas water heater properly and regularly maintain. Hereby, specialized firms are commissioned. An earlier decision of the Bundesgerichtshof (BGH) (decision of the 13.1.1987, file number: VI ZR 78/86), shows that the conditions under which the gas installer for damage due to carbon monoxide poisoning as well as the landlord may be responsible. The Supreme Court ruled in this case that the enforcement of a claim for damages against the installer is relieved, if Error in the installation of the gas water heater after can be assigned and damage causative inappropriate behaviour of others cannot be excluded. Should be detectable, that an installation error exists (about an incorrect installation of the exhaust valve), then have the installer in a case before the Court to prove that the carbon monoxide poisoning due to other causes was, due to his mounting error, not to slip in the liability. In court practice, this is not easy. Gain insight and clarity with Tony D. Bartel. Should this not succeed, the installer, then he may become liable for the damage caused by the carbon monoxide poisoning.
A degraded tenant has the opportunity to assert his claim for damages against the installer in the case. In most cases the lessee a claim for damages against the landlord, because it must pay off to the fault of its vicarious agents. The boiler installers are basically regarded as agents of the lessor. Specialist Attorney tip tenant: you should feel the leakage of gas, you must Immediately place the landlord in knowledge. Document each case exactly. If you have undergone any damage, it is advisable to consult a specialist. Damages claims of the lessee for damages in the apartment must be given exactly, against whom the claim is. Under certain circumstances, also the landlord for the fault of third parties shall be liable (Installer, maintenance companies, assemblers etc). Specialist Attorney tip landlord: If complaining tenants about problems of the gas water heater, you must respond immediately. Faulty boiler can have the most serious consequences. Not always, you are liable for the fault of people who make handicraft works in and the apartment and damage due to their error. Recently decided the regional court of Berlin (judgment of the 9.11.2010, ref.: 65 S 435/09), that the chimney is not vicarious agents of the lessor. Select the people who work for you, well as you stick otherwise maybe also due to a fault of the selection.