Verschüttungsfall

Verschüttungsfall refers to a legal concept in German law, specifically within the realm of civil liability. It denotes a situation where a person is buried or trapped by falling earth, debris, or other material, often in the context of construction sites, mining accidents, or natural disasters like landslides. The core issue in a Verschüttungsfall is determining liability for the damages incurred by the victim.

Typically, legal proceedings in such cases focus on negligence. The party responsible for the site or activity that led to the Verschüttungsfall may be held liable if they failed to exercise due care and their negligence directly caused the incident. This could involve inadequate safety measures, improper excavation techniques, or a failure to assess and mitigate known risks.

The damages recoverable in a Verschüttungsfall can include medical expenses, compensation for pain and suffering, lost earnings, and in severe cases, compensation for permanent disability or wrongful death. The burden of proof lies with the claimant, who must demonstrate the link between the defendant's actions or omissions and their injuries or losses. The specific legal provisions governing Verschüttungsfälle are found within the German Civil Code (Bürgerliches Gesetzbuch - BGB), particularly sections related to tort law and general principles of liability.