German Federal Supreme court: In the case of an emergency in the classroom student evidence but remain subject to
Anyway, sports teachers must make in an emergency, First aid and a current education. The has on Thursday, may 4. April, 2019, the German Federal court of justice (BGH) in Karlsruhe, Germany (Az.: III ZR 35/18). Inadequate or lack of assistance can be a person liable for breach of official duty. However, the injured students remain in the proof obligation for damage to your health.
Had brought a then-18-year-old student from Wiesbaden, Germany. He had stopped in January 2013, in the sports teaching, the warm-up and to the side wall of the sports hall held. There, he slipped into a sitting Position and no longer responded to address. The gym teacher called an ambulance. The arrived after eight minutes and immediately started with resuscitation measures. Controversial is, how long the student was still breathing.
In the case of the former students of the brain have been diagnosed with damage due to lack of oxygen, the exact cause remained unclear. He is disabled today 100 percent hard.
In his complaint, he claims that the sports teacher should have immediately with first aid. From the state of Hesse as a service Mr the teacher, he demanded half a Million euros for Pain and suffering, good for 100,000 euros in damages and a monthly pension of 3,000 euros.
The state of Hesse refused with the statement that the cardiac arrest had occurred shortly before the Arrival of the physician. In addition, the teacher must “Nothelferin“ only in the case of gross negligence.
The Supreme court emphasized now, the sports class mountains are always certain dangers, physical education teachers should therefore expect emergencies and be prepared. The liability privilege for emergency responders to protect citizens, the Strangers make spur of the moment First aid.
Because of the liability privilege according to the law, spontaneous emergency responders need to be liable only for gross negligence. This is to prevent citizens from fear of mistakes, afford no help.
After the ruling, the sports teacher can’t rely on that. They are not “Unbeteiligten“, the willingness to help belong for you to the professional in addition to obligations. In addition, the students are obliged to participate in the sports lessons. This is also why it would be “not angemessen“, if liability for infringement of official duties “only in the case of gross negligence, and thus only in exceptional cases, einträte“.
Unlike in the case of errors by Doctors, there is more but no reversal of burden of proof in favour of the students, so the BGH. Therefore, here, the former students had to prove that First aid, such as a cardiac massage, was seen to be necessary and the health effects, at least, would have been able to reduce.
According to the student had applied for in the courts an opinion at the time of cardiac arrest. The higher regional court of Frankfurt am Main had this rejected in the first run, to make up for it now, according to the requirements of the Supreme court. mwo