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Photo: Julian Stratenschulte/ dpa
A student who goes to smoke in the adjacent city park during the school break is not covered by statutory accident insurance.
This was decided by the 2nd Senate of the Federal Social Court on Tuesday (file number B 2 U 20/20 R).
In January 2018, the plaintiff, who was of legal age, went to the Hamburg city park near the school with two classmates during the school break and smoked cigarettes.
On this day there was a storm with storm and snowfall.
During the stay, a branch fell on his head and body.
As a result, the plaintiff suffered severe craniocerebral trauma.
The accident insurance fund North, which is responsible for student insurance, should recognize the accident as an accident at work.
The accident insurance company refused.
As soon as the school premises have been left, accident protection can no longer be granted.
Smoking in the park is also not a special situation that justifies the school's responsibility.
A visit to the city park is common for schoolchildren of legal age
The student had referred to a judgment of the Federal Social Court of January 23, 2018.
(Ref.: B 2 U 8/16 R).
According to this, accident insurance protection could also exist outside the school premises and even at home, in this case it was about group work that several students did at a student's home.
When a student fell on the way home after an argument, the court ruled that the accident was an insured accident, even if it did not happen at school.
That must also apply to him, said the plaintiff in the current case.
In addition, the school suggested that adult high school students take a break in the neighboring city park as an option, since the schoolyard is far too narrow.
However, the Federal Social Court ruled that the stay in the city park was not covered by insurance.
The organizational area of responsibility and influence of the school is limited to the school grounds.
It ended just like the duty and possibility of supervision at the school gate.
The city park cannot be seen as an extended schoolyard.
sun/jur