In the dispute at the Munich Higher Regional Court over the bollards on Dachau's Schlossberg, the statement of a resident probably saved the city from having to pay compensation.
Munich/Dachau – The two bollards on the entrance to Schlossplatz were installed almost five years ago. Their purpose: to protect the residents of Schlossstrasse from nighttime noise; For this reason, the two obstacles are sunk into the ground during the day, but then - when extended - block the access up to Schlossplatz between 11 p.m. and 5 a.m. You can always get down: If a vehicle approaches from above, the bollards are lowered for a short time.
The plaintiffs in the two cases, which were heard on Thursday at the Munich Higher Regional Court (OLG), claim damages of 11,000 euros and 4,300 euros respectively to their cars. The 27 and 53-year-olds from Munich said that a bollard suddenly went up while driving downhill in August and November 2021, respectively. And so close to the car that the collision was unavoidable.
New perspectives in the bollard dispute: Court examines “interventions equivalent to expropriation”
Both lawsuits were dismissed in the first instance (we reported). The regional court justified its decision by saying that a culpable violation of the traffic safety obligation could not be established. The city “installed the system professionally, checked it regularly and maintained it.” You couldn't ask for more.
The Senate at the Higher Regional Court, which is now responsible for the appeal, did not question this result. However, the presiding judge pointed out right at the beginning that the incidents described by the plaintiffs could represent so-called expropriation-like interventions. This only presupposes an unlawful interference with the plaintiffs' property, but not any fault on the part of the city. “We see liability,” said the presiding judge, summarizing the Senate’s initial assessment.
However, the city's lawyer did not want to enter into a settlement. She suggested questioning a local resident who had been invited as a witness. And his statement had it all!
Resident confirms plaintiff: Bollard collided with car at red light
The 39-year-old stated that he was standing in front of his house when one of the two plaintiffs collided with the bollard, local residents recalled. After a bang, he heard a creak as the bollard scraped along the underbody of the BMW. From his point of view, it actually looked like “the bollard was raised,” he confirmed the plaintiff’s version. Cars have been damaged several times when driving over the bollards. He himself can remember three such incidents in just under three years. In one case, a small car was literally “impaled,” the 39-year-old reported. However, and this is the crucial part of the statement, the traffic light in front of the bollards was red. In fact, according to the resident, the traffic lights were red in all the accidents he observed.
The occupants of the plaintiffs' vehicles, however, were “quite certain” that the traffic light was out. The city had always emphasized in advance that the traffic lights, which were installed to protect the bollards and drivers, were always maintained and intact.
(By the way: Everything from the region is now also available in our regular Dachau newsletter.)
The court found the resident’s statements “credible and informative”. The fact that the occupants of the vehicles involved in the accident provided several implausible and contradictory statements may also have played a role. “What are we supposed to believe now?” the judge asked one of the plaintiffs.
Residents doubt the effect of the bollards: Senate decision expected on May 15th
The resident also spoke in court about the question of whether the bollards were actually suitable for reducing noise at night and preventing people from driving through the Schlossplatz. His answer: no. After 11 p.m., mainly young people would wait with loud music below, in front of the raised obstacles, for a car from above so that they could drive onto Schlossplatz after the bollards had been lowered.
The Senate wants to announce its verdict in the matter on May 15th.
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