First and foremost, the person who has unlawfully and culpably caused the damage or, in the case of multiple tortfeasors, each of them jointly and severally, shall be liable for damages.
There are also cases in which the injured party is partly to blame for the damage. If this is the case, he bears the damage together with the injuring party proportionately or his claim for compensation is reduced by his share. In case of doubt, the ratio is considered to be equal.
Special constellations of liability for damages include, in particular, vicarious liability and breach of supervisory duties, which deviate from the principle of liability for one’s own conduct. Vicarious liability plays a role in the case of companies who use an assistant to fulfill a contract or who have recourse to such an assistant in the execution of matters outside the contractual relationship. Persons who do not fulfill their supervisory duties (e.g. leaving children to play unsupervised) may also be liable for them.
