Are your children celebrating New Year's Eve at home this year? Then pay close attention if you find firecrackers in the house — before it is too late. An 18-year-old was celebrating New Year's Eve with friends at her parents' house. One of the party guests picked up firecrackers that had been left outside on the ground because they had not detonated immediately after being lit, and carried them into the living room. Suddenly and unexpectedly, the explosives flared up again and went off shortly afterwards, causing considerable damage inside the house. The OLG Köln (Az. II U 126/99) held that both the young woman and the guest bore responsibility: the guest had acted negligently, and the host had failed to prevent the firecrackers from being placed in the living room. We wish you a happy new year and hope that yours does not start off too explosively — at least not in the living room. At your party, however, feel free to make some noise.
Frequently asked questions
Frequently asked questions
Who is liable if a guest brings unexploded fireworks into the house and they detonate there?
According to a ruling by the OLG Köln (Az. 11 U 126/99), both the guest and the host bear responsibility. The guest acts negligently by bringing supposed duds into the house. The host is jointly liable if they fail to prevent the fireworks from being placed in the living area.
Why are unexploded New Year's firecrackers particularly dangerous?
Apparent duds can continue to smoulder for a considerable time and then suddenly explode. If brought into enclosed spaces, they can cause significant property damage and injure people. For this reason, they should never be picked up or carried into the house.
What duty of care does a host have toward guests on New Year's Eve?
A host must actively prevent sources of danger within their premises. If a guest brings visibly dangerous items such as firecrackers into the living room, the host must intervene. Failing to do so can result in shared liability for any resulting damages.
Is it negligent to collect seemingly harmless duds?
Yes, picking up and carrying allegedly unexploded firecrackers is considered negligent. Since it is known that such explosive devices can detonate with a delay, an explosion must be anticipated. This conduct establishes personal liability for any resulting damages.