Tort Law — Duties of Care

Date Citation Note
14.06.2005 BGH VI ZR 179/04 VI. Civil Senate a) The application of the principles of prima facie proof in cases of HIV infection resulting from the administration of blood products.
b) The duty of the person administering blood products to retain documentation and produce secondary evidence of the batch number of the product administered.
c) The duty, if it is impracticable to give information about the dangers of HIV infection when blood products are about to administered, to give an explanation to the patient thereafter, and to advise him to take a HIV test (duty to give safety information after the event).
d) The post-operative duty to give safety information extends to the protection of the future spouse of the patient.
§ 138(2),(3); §286 C ZPO
§ 823(1) BGB
16.02.2001 BGH NJW 2001, 2798
VI ZR 353/99 (Hamm)
19.02.1991 BGH NJW 1991, 2340 VI. Civil Senate (VI ZR 171/90) = VersR 1991, 559 Victims can only claim the costs for hospital visits of his relatives (travel expenses including food and accommodation; loss of income) if these visits are medically necessary and the costs unavoidable
Loss of income can only be claimed if the relative cannot compensate for his absense by working overtime
§§ 823 I, 847 BGB
§ 287 ZPO
11.10.1990 BGH NJW 1991, 562 VII. Civil Senate (VII ZR 120/89) = WM 1991, 202 Duty of care of an architect (supervision of construction work)
Liability for damage caused to the property of a tenant by an improperly isolated building
§ 823 BGB
13.02.1990 BGH NJW 1990, 726 VI. Civil Senate = JZ 1990, 1087 Claimant rented basement of house owned by her and her husband; leaks damaged furniture
Contract by husband for defendant to build house not impliedly in her name (§ 164 I)
No protective effect for her as commercial tenant
Liability under § 823 I for negligent harm to property despite use in breach of building regulations
Claimant not acting at own risk nor overwhelmingly contributorily negligent (§ 254) despite prior leaks and repair work
Under § 242 claimant could rely on statements that problem dealt with
§§ 164 I, 242, 254, 823 I BGB
07.12.1961 BGH JZ 1962, 570 VII. Civil Senate (VII ZR 134/60) Whether an exemption clause contained in general conditions of business (AGB) also covers the employees of the benefited party
§§ 276, 328 BGB