Stoererhaftung (Breach of Duty of Care) is a legal term used in various legal systems to describe the liability of a person or company for legal infringements committed by third parties. In this article, we will focus on “Stoererhaftung” (Breach of Duty of Care) in German law.

Definition and basics

Breach of duty refers to the liability of a person who, without being a perpetrator or participant, in some way intentionally and adequately causally contributes to the infringement of an absolute right by a third party. This is a form of strict liability in which it is irrelevant whether the interferer itself has engaged in unlawful or culpable conduct.

Application areas

Stoererhaftung (Breach of Duty of Care) applies in various areas of law, such as:

Copyright

In the area of copyright, “Stoererhaftung” (Breach of Duty of Care) can come into play if, for example, copyrighted works are made publicly accessible on an Internet platform without the consent of the rights holder. Under certain circumstances, the operator of the platform may be held liable as a tortfeasor if it has not taken sufficient measures to prevent the infringement.

Trademarks

In trademark law, a platform operator may be liable as a tortfeasor if counterfeit products are sold on its platform and it has not taken sufficient action against them.

Internet law

In Internet law, “Stoererhaftung” (Breach of Duty of Care) is particularly relevant, especially in connection with WLAN networks. In the past, the operator of an open WLAN could be liable as a “Stoerer” (interferer) under certain circumstances if third parties carried out illegal activities via his network. However, this has changed due to the Telemedia Act, which limits the liability of WLAN operators.

Restrictions and reforms

In the past, “Stoererhaftung” (Breach of Duty of Care) has often been criticized because it can lead to disproportionate liability. In Germany, there have been several legal reforms and court decisions in recent years that have restricted “Stoererhaftung” (Breach of Duty of Care), particularly in the area of Internet law.

Conclusion

Breach of Duty of Care is a complex legal concept that applies in various areas of law. It is important for companies and individuals to be aware of the potential liability risks and to take appropriate measures to prevent infringement by third parties.