Gemünden a. Main Local Court, judgment of 27.05.2025, ref. 10 C 543/24

Link PDF: AG Gemünden, judgment of 27.05.2025, Ref. 10 C 543/24

We are pleased to present another success of our law firm: In a recent judgment, the Gemünden a. Main Local Court (judgment of 27.05.2025, ref. 10 C 543/24) clarified that after a traffic accident, the damaged child seat must be replaced in full – without deducting “new for old”. The court thus follows our reasoning and strengthens the rights of accident victims and families.

What was it about?

Our client was involved in a traffic accident in which the child seat in the vehicle was also affected. The opposing insurance company only wanted to replace the child seat by deducting a “new for old” benefit and also demanded proof of the actual disposal of the seat.

The verdict: Clear words for the safety of children

The Gemünden Local Court has ruled:

• Child seats must be replaced after an accident, even if there is no visible damage. This is because hairline cracks can occur in the material, which are not visible to the naked eye but impair safety.
• No deduction “new for old”: As the useful life of a child seat is limited by the age and weight of the child anyway, the injured party does not gain any economic advantage by buying a new one.
• No proof of disposal required: To be eligible for reimbursement, it is sufficient that the seat is no longer roadworthy or is justifiably considered unsafe. Fictitious compensation is possible.

The court based its decision on established case law (e.g. Koblenz Higher Regional Court, Stuttgart Regional Court, Ansbach District Court) and upheld our claim in full on this point.

What does that mean for you?

If your child seat is affected after an accident, you are entitled to a full replacement – without deductions and without proof of disposal. The safety of your children comes first!

Do you have questions about your claims after a traffic accident? Contact us – we will enforce your rights!

Full text

Gemünden a. Main Local Court, judgment of 27.05.2025, ref. 10 C 543/24

Certified copy of the local court Gemünden a. Main

ON BEHALF OF THE PEOPLE Ref. 10 C 543/24

In the legal dispute

Attorneys of record: Rechtsanwälte Grüne Partner Rechtsanwälte mbB, Mainberger Straße 36, 97422 Schweinfurt, Gz. 480/24 GG

vs.

[…]

for damages

the Local Court of Gemünden a. Main by the judge […] on 27.05.2025 on the basis of the facts of 29.04.2025 without an oral hearing with the consent of the parties pursuant to Section 128 (2) ZPO issues the following order

Final judgment

The defendants are ordered as joint and several debtors to pay the plaintiff € 1,774.41 plus interest thereon at a rate of 5 percentage points above the prime rate since May 27, 2025.

[…]

• Page 11 –

IV. Child seat

The plaintiff is entitled to the claimed compensation of € 209.90 for the child seat damaged in the accident.

A deduction new for old is not to be made in this case. In the event of accidents that exceed the de minimis limit, child seats must be replaced due to possible hairline cracks in the material, even if these are not visible to the naked eye. As the service life of a child seat is absolutely limited by the age and weight of the child, the injured party does not gain any noticeable economic advantage by purchasing a new seat. A deduction new for old is therefore not to be made (see OLG Koblenz judgment of 12.12.2011, ref. 12 U 1059/10; LG Stuttgart judgment of 14.03.2018, ref.: 5 S 6/18; Ansbach Local Court judgment of 19.10.2016, ref. 5 C 721/16). The amount claimed was therefore sufficiently proven with the submission of the original purchase receipt dated 25.09.2023, a deduction new for old is not to be made in particular due to the very short age of the seat of only a few months in accordance with § 287 para. 1 ZPO. Furthermore, contrary to the defendant’s opinion, it is not necessary to prove that the child seat has been disposed of. This is because, in principle, it is also possible to assert a fictitious claim for damages in accordance with Section 249 BGB. For this, it is sufficient that the child seat is no longer roadworthy or is justifiably considered unsafe.

[…]

signed. Judge […]

Announced on 27.05.2025

For the accuracy of the transcript […]

Gemünden a. Main, 27.05.2025

Clerk of the Registry […]