Schädiger

Schädiger is a German legal term meaning “injurer” or “tortfeasor.” In civil law, a Schädiger refers to the person who caused damage or harm to another through unlawful conduct or fault and is therefore liable to compensate the injured party. The liability framework is primarily set out in the German Civil Code (Bürgerliches Gesetzbuch, BGB). The central rule is § 823 BGB, which makes liable anyone who infringes a protected legal good (such as life, body, health, freedom, or property) through fault or, in some cases, even without fault. Thus, the Schädiger may be a natural person or a legal entity.

Liability typically arises from fault (Verschulden)—intentional harm or negligence—but German law also recognizes regimes of strict or objective liability in certain areas, notably product liability under the Produkthaftungsgesetz and, in some contexts, Gefährdungshaftung, where liability can exist without proof of fault.

The injured party can seek damages in civil proceedings. Damages generally include pecuniary losses and, where applicable, non-pecuniary damages such as compensation for pain and suffering. The extent of liability can be influenced by defenses, including Mitverschulden (contributory fault) by the injured party or other statutory or contractual defenses.

The term Schädiger is widely used in law and jurisprudence to designate the party responsible for damages. In everyday language, it simply denotes someone who causes harm.