ABSTRACT
In Germany the standard of care is generally an objective one, demanding proper care as reasonable in the ordinary course of business. There must be foreseeability of the damage sustained by the plaintiff, but the remoteness of damage requirement does not seem to be a difficult hurdle as the actual loss suffered by the plaintiff does not have to be foreseeable. Particular types of harm include the following characteristics:
• In road traffic accident cases, the owner of the vehicle is liable for any bodily injury or property damage caused by the operation of his vehicle, even if he is not at fault. Strict liability does not apply for damages for pain and suffering and liability is capped by the Road Traffic Act. The only exception to the strict liability regime is where the accident was unavoidable, ie where the accident was caused by some defect in the vehicle and the owner and driver exhibited utmost care. Strict liability will also not apply as regards passengers unless there was a charge for transport.1
