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Report No. 85

Position as to collisions.- However, in the situation where both the plaintiff and the defendant are in control of a motor vehicle, both are strictly liable for any damage caused by their vehicles on the basis of the operational risk (Betriebsgefahr) involved in using the vehicles.1

1. See the Strssenverkehrsqesetz of December 19, 1952.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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