Barrier severely injures woman and changes her life: she is still waiting for compensation

Created: 01/16/2022, 06:14

By: Catherine Hauser

The barrier at the parking lot in front of Murnau Castle fell on the woman's head.

At this time, no pendulum support was installed.

© Private

In February 2017, a woman in the castle courtyard in Murnau was hit by a barrier on her head through no fault of her own and was seriously injured.

To date, she has not received any compensation.

District – Almost five years have passed since February 24, 2017, but the woman from the district of Weilheim-Schongau (name known to the editor) cannot forget that day. After all, she is still suffering massively from the consequences of the accident that happened in the castle courtyard in Murnau. Nevertheless, she has still not received any compensation or compensation for pain and suffering, although it is undisputed that the Murnau market, as the operator and owner, is responsible for the barrier, which suddenly crashed into the head of the district resident when she wanted to walk under it. And that, although Murnau - like every municipality - has a liability insurance that steps in in such cases.

On that fateful day, the woman had attended the funeral of an acquaintance and was on her way back to the car with a friend.

Just as she was about to go under the open barrier at the end of the castle courtyard, it happened: "The barrier fell down and first hit me on the head without any visual or acoustic warning, then scraped down over my nose," says the woman.

Murnau: Mrs. von Barriere seriously injured - first aid in the accident clinic

It rammed the metal frame of the glasses into her nose.

She fell back and stumbled against the adjacent house wall.

“Blood ran down my face, my friend pulled my glasses out of the bridge of my nose.

I felt the need to hold my face with both hands because it felt like it was going to fold down," the woman recalls.

The friend then took her to the Murnau accident clinic, where she was x-rayed, treated and released with a pack of painkillers.

But the blow to the head wasn't as harmless as it first seemed.

Later examinations diagnosed, among other things, dizziness, headache and back pain, a craniocerebral trauma, an injury to the eyes and a cervical spine distortion.

In addition, several teeth were broken.

After a barrier accident in Murnau: "I feel old and sick"

The injuries were also serious because the pendulum support was removed that day and the woman was hit with full force by the metal panel to which the support is normally attached.

According to the operating instructions, the barrier would have had to be taken out of service without this support.

The woman was on sick leave for eight months and can now only work part-time because she is still not fully resilient.

She used to be considered a power woman, but today it's different: "I feel old and sick," she says.

But it is not just the injuries and impairments that make life difficult for the district resident.

It is also the fact that Markt Murnau is not making any moves regarding the settlement of the damage, although it hired a lawyer soon after the accident.

The response to letters or inquiries was extremely slow.

Our Weilheim-Penzberg newsletter keeps you regularly informed about all the important stories from your region.

Sign up here. 

Barrier accident in Murnau: the market reacts slowly to letters

After the claims would otherwise have become statute-barred, the woman decided in 2020 to go to court.

The opposing lawyer had recommended suing the maintenance company and promised to compensate for the additional costs as part of the compensation - he now wants nothing more to do with it.

The police found organizational fault because there was a disagreement within the administration as to who was responsible for the barrier, says the woman.

In addition, there were no safety measures that would be required according to the operating instructions.

Only after the accident were a signal light, a warning sign and an ultrasonic sensor installed, among other things.

Even when this newspaper asked the market administration, there was no specific information. It is not disputed that the woman was affected by a municipal barrier: "We very much regret that someone was injured by one of our properties and hope that the case can be clarified quickly," said the market spokeswoman, Annika Röttinger: "The liability insurance company, in which the Murnau market is registered as an insured person, is responsible for damage caused by facilities at the Murnau market." This regulates the case of damage and examines the claims. "As an insured person, we - like any other insured person - cannot influence the processing and procedure of our insurance." No further information could be given about the case:"The state of affairs is an ongoing insurance procedure, to which we are unfortunately not allowed to provide any further information."

This sign was not installed until nine months after the accident.

© Private

Murnau: Mrs. von Barriere seriously injured – she is still waiting for compensation

"The insurance of the Murnau market does not want to fully recognize the liability," says the woman.

The insurance rather sees the maintenance company as responsible.

"We do not get any further."

In an earlier hearing, the judge made it clear that he saw the fault of the operator because a traffic safety obligation had been violated and has therefore already released the second defendant, the maintenance company, from the lawsuit.

Now the woman hopes that the other side will recognize the guilt without a doubt and will take over the additional costs for the second defendant.

“If a tree falls on a car during a storm, there is no question that the damage will be settled.

What's the difference?” she wonders.

.