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Emergency

Damage during a favor: who is liable when helping?

Anyone who helps out of goodwill, for instance with a move or renovation work, and causes damage in the process wonders whether they are liable for it. Special features apply here: a tacit waiver of liability is often assumed, and the insurance situation is decisive.

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In principle, anyone who culpably causes damage is liable (§ 823 BGB). In the case of pure favors among friends or neighbors, however, a tacit waiver of liability for slight negligence is often assumed.
Such a waiver often does not apply if a liability insurance covers the damage; then the injured party should be able to use the insurance cover. The assessment depends heavily on the individual case.

What you should do now

  1. 1

    1. Document the damage

    Record how and during which activity the damage arose.

  2. 2

    2. Check insurance

    Clarify whether the helper's personal liability insurance covers the damage.

  3. 3

    3. Classify the fault

    Check whether only slight negligence or more is present.

  4. 4

    4. Seek a solution

    Aim for a fair solution without hastily giving an acknowledgment.

How to spot the scam

  • Full liability is acknowledged prematurely.
  • The liability insurance is not brought in.
  • Friendship is placed above an appropriate settlement of the damage.

Frequently asked questions

Am I liable if I break something while helping?

Not necessarily. Although in principle anyone who culpably causes damage is liable (§ 823 BGB), in the case of pure favors a tacit waiver of liability for slight negligence is often assumed. The circumstances of the individual case are decisive.

What does a tacit waiver of liability mean?

Those involved in a favor often assume, unspoken, that the helper is not fully liable for slight mistakes. This idea can limit liability, but often does not apply if a liability insurance covers the damage anyway.

Does personal liability insurance pay?

Often yes, if the helper has personal liability insurance and the damage is covered. Then the injured party should be able to use the insurance cover. So clarify early whether and which liability insurance steps in.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.