Car damage in the car wash: Who must provide the evidence in a dispute.
Vehicle comes off the guide rails
In the case in question, the vehicle came out of the facility's guide rails during the washing process and subsequently collided with a bollard. The vehicle owner attributed this either to a technical defect of the car wash or to faulty instruction by staff of the car wash facility.
The operator denied both causes. According to the court, the civil chamber of the district court could not find either a technical defect in the facility or an error in the briefing.
Steering movement as cause
According to the court's findings, the vehicle apparently deviated from its lane as a result of a steering movement during the washing process. Consequently, a breach of duty by the car wash operator could not be proven.
For the damage claim, however, this proof was decisive. According to the ruling, the customer must prove that the car wash had a defect or that staff had given him faulty instructions, if he does not want to bear the costs of the damage himself.
Since the plaintiff failed to provide this proof in the concrete proceedings, the regional court dismissed his claim for around 10,000 euros in damages. The judgment is final. (Source: dpa/tmn)
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