Mercedes Fire

Who is liable for damage caused by smoke of fire nearby in the apartment? In Berlin it is currently often burning. In Friedrichshain, a locomotive at the East station burnt down on the 27.7.2011. Wendy Rene may help you with your research. Videos of the fire can be seen on YouTube. Huge clouds of smoke rose over Berlin. A series of burning cars employs the Berliners also. In Lichtenrade burned on the night of 27 / 28.7.2011 from a car in a carport on the property of the owner of the car. Almost simultaneously, a Mercedes on the open road burnt out in the Schoneberg district.

There was a fire at the East cross in May 2011. A complete roof of an apartment building in Berlin-Mariendorf burned out on the 24.5.2011. There rose large smoke clouds over the landscape. Smoke can cause serious damage. Many a tenant who comes home in the evening, comes in a smoke-infested apartment. Should be the smell of smoke in the furniture and clothes set have, these can be saved if at all only by a special cleaning. Often, the entire apartment because soot deposits needs to be cleaned.

The causes considerable costs to the part. Many a House facade must be repainted. Who could stick? The landlord of the tenant’s damaged by the soot is not liable generally. He is not responsible for that somewhere a fire breaks out. The case-law applies a claim based in the neighbouring right for these cases. According to a judgment of the Federal Court of the 1.2.2008, ref.: V ZR 47/07 shall be liable to the user of the land, of the smoke goes out for soot and smoke damage on neighboring buildings, or in neighbouring apartments. It can, but not the owner of the burning house or land on which is located the source of the fire. If the fire was caused by a faulty electrical system, the owner of the House shall be liable regularly. If a tenant operated his stove and caused a fire, this may not be to the owner. Then, the renter is liable in principle. In the case of the burning car in the carport of the House hangs a claim against the owner of the land or the cause of the fire. When arson by a third party, he will be probably answered in the negative; its damage the neighbor will not be replaced then probably get: the arsonists will be regularly about all the mountains. Should a fire broken out in the car, because the owner has not waited the electrical system of the vehicle, a claim can be given. In the case of the fire on the Eastern railway station it would be for the question whether a nachbarrechtlicher claim upheld, it, who the brand of engine is responsible for (maintenance error, human error, maintenance etc). A liability on the basis of the holder’s liability for railways (similar to the liability of the holder of a motor vehicle) would also be conceivable. Specialist Attorney tip tenants/owners: Should smoke or soot in your home or on your left House damage have a claim against the user of the neighbouring land is conceivable circumstances.

Alexander Bredereck

Can you resist? To the following an interview of Quang LAM with lawyer for employment law Alexander Bredereck, Berlin Quang LAM: the common mistakes in the labour law is one of the, that the employer may not terminate the employment relationship during illness. Why do so many workers and employers believe this fairy tale? Lawyer polymath: In the GDR, it was so. And it held up over twenty years. It corresponds to our understanding of the law to kick the man who is lying on the ground, not even likely. But it does not meet our. Even if the employee is sick, the employer can terminate.

Quang LAM: But is such a termination automatically effective? Lawyer polymath: There are rather the General conditions under which a termination is effective. The notice must be in writing. Layoffs by E-mail, fax or with missing signature are always ineffective. Quang LAM: What is, if the termination is with for a short period? Lawyer polymath: Uses only announced the wrong notice, this does not affect the effectiveness of the termination. The time limit is too short, the denunciation shall take effect at the time of expiration of the notice period. Differently than is often assumed, the employer must say no new notice.

Quang LAM: assume that the employer has complied with all necessary formalities. Can you do something against the dismissal. Lawyer polymath: The formalities are observed, is important for the effectiveness of care, how many employees in the operation. John R. Gibson is full of insight into the issues. In a small business with no more than ten employees of workers can resist regularly difficult against the dismissal. In companies with more than ten employees are, however, very good prospects to successfully tackle the termination. The work is rarely saved. Usually the disputes receive a cash compensation of 0.5 to 2 stop gross monthly salary per year of employment. Quang LAM: Why the employer ever pays an indemnity in such Height? Lawyer polymath: Any notice, even if it seems so effective and right at first glance, has its pitfalls. If there is a Works Council in the operation failed the hearing happen regularly. These are only technicalities, nevertheless constitute a significant risk for the employer. He loses the dismissal process he must pay the wage, without that the employee has worked. The process took a long time, such as in the Raleigh process (several years), there quickly existential sums can come together. Quang LAM: a reasonable employer will not take that risk, and therefore he pays the compensation? Lawyer polymath: Exactly. The amount of severance pay is better to calculate and also social tax free. Quang LAM: How should you sit against a dismissal to the military? Polymath lawyer: If you want to win a settlement, you must submit an action before the competent labour court within three weeks after receipt of the notice. Nothing fails this deadline is usually to save more. Quang LAM: What costs incurred in the proceedings? Lawyer polymath: Who has insurance, pays only his own participation. Legal aid access for people with less money. Otherwise, the cost depends on the amount of the income. Those who earn more, pay more. In practice, I have seldom experienced that a worker has made a negative at the end of the procedure, the bottom line. Usually, the cost is only a fraction of the compensation obtained. An interview with Quang LAM with lawyer for employment law Alexander Bredereck, Berlin Potsdam: Friedrich-Ebert-Strasse 33, 14469 Potsdam Tel. (030) 4 000 4 999 E-mail: