LIABILITY OF VEHICLE OPERATORS FOR BUILDING DEFECTS – POSSIBILITIES BASED ON DOCTRINAL AND COMPARATIVE EXPLICATION
LIABILITY OF VEHICLE OPERATORS FOR BUILDING DEFECTS – POSSIBILITIES BASED ON DOCTRINAL AND COMPARATIVE EXPLICATION

Summary/Abstract: By operation of means of transport some damage may not appear suddenly but after long repeated influence. In such cases application of causality test ‘conditio sine qua non’ leads to the result that if it is not possible to determine some liable persons unambiguously, damages bears the damaged person. Such a conclusion is not in accordance with the conception of the heightened level of legal protection of damaged persons in cases of strict liability, which is also liability for damages caused by operation of means of transport. The solution may lies in the application of alternative causality tests.

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