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In an second instance (file number 6 S 79/24), the Regional Court of Cologne dealt with liability for damage caused by overturned e-scooters.

A driver had parked his vehicle near a sidewalk and gone into town. When he returned, he found that his vehicle had been damaged. The cause was presumably an e-scooter parked 30–50 cm away, which had fallen over and touched the car.

There was nothing wrong with the last user parking the e-scooter on the sidewalk. This is because e-scooters, like bicycles, may be parked on the sidewalk as long as they do not block the path. There is no general ban.

However, it becomes problematic when, as in the case in question, the e-scooter falls over and damages a parked vehicle.

In principle, the last renter and the owner are considered responsible for the damage.

However, there are often difficulties in proving this with regard to the former renter.

 

This is because it is often unclear whether it was the renter who parked the e-scooter in that spot or whether a third party moved it because, for example, the e-scooter was blocking the sidewalk.

Even though deactivated e-scooters are difficult to move and resemble a locked bicycle, they can still be pushed, lifted, or carried.

However, since there is no strict liability for e-scooters in Germany, it is difficult to hold the owner liable. The owner is obliged to ensure public safety. However, this does not apply indefinitely and does not cover every abstract risk.

 

If an injured party cannot prove that the owner has failed to fulfill their duty to ensure public safety, for example through inspections, they will come away empty-handed.

It is therefore entirely possible that damage can be attributed to an e-scooter, but the owner cannot be held liable.

In order to receive compensation, the injured party must prove who is responsible for the damage.

If they cannot do so, they will be left to bear the cost of the damage themselves.

This was also the case here.

 

 

Source: doosenwhacker/Pixabay / edited with AI