U-railway emergency braking with consequences: Wiener lines must pay compensation

Von WOM

In a remarkable legal case at the Higher Regional Court of Vienna, a decision has been made that will put a financial burden on the Viennese lines. An unknown passenger had operated the emergency braking in a subway station without a legitimate reason. This meant that another passenger was injured in the fall. The Viennese lines are now obliged to pay for the damage caused after the Higher Regional Court confirmed the original judge's decision of the Vienna Commercial Court.

The emergency brakes installed in subway stations should serve to react in emergencies. Your use can save lives in critical situations, such as if someone should fall on the tracks. In this case, however, the emergency braking was triggered unjustified. An approaching train suddenly stopped, which meant that a passenger fell and fell on an innocent woman who was injured by the fall.

extraordinary risk of operating

A key question in this process is the concept of the "extraordinary operating risk". According to the OLG, this is accepted when special dangers are added that are not part of the normal operation of a vehicle. In this case, the braking delay of the train was 2.66 meters per second, while ordinary braking normally stops at about 1.2 meters per second. Therefore, the emergency braking was classified as not usually, which means that the Viennese lines are liable.

The court emphasized that there is liability for the Viennese lines, even if the emergency braking was triggered by a third party, since this action led directly to the accident. This illustrates the responsibility of the operators, even if external factors play a role. The case underlines the importance of security precautions in public transport, especially in relation to the emergency brake devices that must be activated in critical situations. The injured will now receive a five -digit euro amount as compensation, which could lead to a major discussion about the liability of transport companies.

The judgment also illustrates how important it is to use emergency procedures responsibly. The injuries that resulted from the unauthorized triggering of the emergency braking raised questions about the security and behavior of passengers in local public transport. The Viennese lines are not only responsible for the safety of their passengers, but also for the financial security in the event of incidents that are triggered by the behavior of third parties.