COLLISION BETWEEN CUSTOMER AND TRANSPORTING-GOODS VEHICLE IN SUPERMARKET (OGH 19.11.2014, 3 OB 160/14X)
February 5th, 2015If 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.