Spectrum: A very interesting case was recently heard before the district court in Aachen. After a fall in a nature reserve, a mountain biker sued the city of Nideggen for damages of 30.000 euros. Velomotion asked what happened to the case.
A mountain biker fell with serious consequences in July 2017 in the Eifel forest near Nideggen. On his journey on paths through a nature reserve, Daniel K. was doomed to secure a slope. In order to secure the slope from slipping, the city installed wood across the direction of walking and driving. A common practice in many places. Daniel K. probably fell at such a point and suffered serious injuries from which he still suffers today. Among other things, metal screws and metal plates were used in the head and back. After a two-week stay in hospital, rehabilitation followed for several months. Since then, Daniel K. has only been able to carry out his job as an industrial mechanic to a limited extent, and a planned promotion is now also in the stars. The mountain biker then sued the city of Nideggen for damages of 30.000 euros, the verdict was pronounced on January 15th.
To Velomotion, Dr. Kurt, spokesman for the district court in Aachen, that Daniel K. blamed the municipality because the plaintiff considered the path "dangerous". Wood that was installed across the direction of walking or driving to secure the slope from slipping was said to have been the cause of the accident. The slope stabilization was defined by Daniel K. in the lawsuit as a ski jump and danger. In fact, driving on the paths in the nature reserve is permitted as long as mountain bikers stay on the paths. The lawsuit was dismissed at the January hearing. The decision by the district court in Aachen was justified by the fact that there was no atypical situation or atypical danger. According to the judges, entering the forest is at your own risk, and such path situations must always be expected in the forest.