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Fault-based liability in boating - when does liability insurance apply?

Pantaenius

 · 09.05.2019

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Fault-based liability in boating - when does liability insurance apply?Photo: Pantaenius
Anyone who causes damage is also liable for it - this connection seems logical. But it's not always that simple in water sports.

"In principle, an adult is only liable for damage if he or she has caused it culpably, i.e. intentionally or negligently," explains lawyer Gunnar Brock from Pantaenius. In German case law, this principle is known as fault-based liability and applies to almost all damage in water sports.

This detail is crucial for boat owners: if, for example, a properly moored boat is torn loose by a sudden storm and damages the neighbour's boat, the owner or their liability insurance is not liable because the skipper was not at fault. In the worst-case scenario, owners without their own boat hull insurance are left to cover their own costs.

More on the topic: www.pantaenius.com