If a shop assistant who slides a transportation vehicle does not observe the needed safety distance to a customer and the customer gets hurt – even if he/she acts unmindful – the shop assistant carries at least a contributory negligence.

The damage claim remains even if the shop assistant warned the customer acoustically if it is not noticeable that the customer actually perceived the warning.

A severe negligence of the liable party is needed to demand damage claim based on a “shock loss”. The prevention of the visitation right between den divorced parties does not count as a reason since the child was taken good care of at the other parental unit.