Duty to Safeguard Traffic

According to Art. 823 Subsec. 1 BGB (German Civil Code), every owner is liable for the traffic safety of his/her stock of trees.

This may be derived from the following sentence set forth in the above provision: "Who by intent or negligence unlawfully injures the life, body, health, property or another right of another person is obliged to indemnify the other for the damage resulting therefrom."

This duty to safeguard traffic, however, refers only to such trees that stand on the wayside of paths, streets or roads or in facilities (e.g. parks) that are accessible to the general public or to part of the public.