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Tort Law — Strict Liability Act

Date Citation Note
11.01.1912 RGZ 78, 171 VI. Civil Senate (VI 86/11) Defendant's airship made forced landing; blown away by exceptional storm; claimant, watching, injured by anchor chain
Liability not strict and based on fault alone
Defendant under duty to take particular care (§ 823 I BGB), but not negligent in making flight or preparing for it (§ 276 BGB), nor in anchoring and cordoning off airship
Storm was act of God (höhere Gewalt)
§§ 276, 823 I BGB