Leaving an Advent wreath with burning candles unattended constitutes grossly negligent conduct. This was the ruling of the Oberlandesgericht Düsseldorf. In the underlying case, the plaintiff left the candles on the Advent wreath burning while having dinner with his guests in the kitchen. After the candles had burned down, the Advent wreath caught fire. The plaintiff subsequently demanded that his insurer compensate him for the damages incurred. The Oberlandesgericht Düsseldorf ruled in its judgment of 31 May 1985 (4 U 259/84) that the insurer was not liable. On the part of the plaintiff, there was an objectively serious breach of the duty of care required in everyday conduct. The plaintiff's behaviour likewise constituted subjectively inexcusable misconduct, by which the standard of care required in everyday conduct was disregarded to a considerable degree.
Frequently asked questions
Frequently asked questions
Is leaving an unattended Advent wreath burning considered gross negligence?
Yes. The Higher Regional Court of Düsseldorf ruled in its decision of 31 May 1985 (4 U 259/84) that leaving candles on an Advent wreath burning unattended constitutes gross negligence. It represents both an objectively serious breach of the duty of care required in daily life and subjectively inexcusable misconduct.
Does insurance have to pay for fire damage caused by an unattended Advent wreath?
No. In cases of gross negligence, the insurer may refuse payment or reduce it substantially. In the case decided by the OLG Düsseldorf, the insurer's liability was denied entirely because the policyholder left the candles burning unattended while having dinner in the kitchen.
What does gross negligence mean in insurance law?
Gross negligence exists when the standard of care required in the circumstances is disregarded to a particularly high degree. This requires both an objectively serious breach of due care and subjectively inexcusable misconduct by the person acting. In cases of gross negligence, insurance benefits may be reduced or denied.
What should be considered when handling candles during the Advent season?
Burning candles, especially on Advent wreaths or Christmas trees, must never be left unattended. Even briefly leaving the room — for instance, to have dinner in the kitchen — can be deemed grossly negligent and may jeopardize insurance coverage. Always extinguish candles before leaving the room.