BS-1672/2009-HER
ECLI:DK:HER:2023:BS0000003674
AI generated
Court dismisses claim against seller for garage damage caused by seller's own excavation work during property sale.
Denmark (DK)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for damages to the garage following the sale of the property. The defendant had personally excavated the land and poured the foundation for the garage before the sale. The court ruled that the seller is not liable for defects resulting from their own preparatory work unless there was a specific warranty or fault in the sale process.
Legislator headnote
AI generatedSection 36 of the Act on Liability for Damages; A seller is not liable for damage to the property caused by the seller's own preparatory work unless a specific warranty or fault is established.
Keywords
AI generated
property sale liability
seller's own work
excavation damages
garage foundation
civil liability
pre-sale defects
no warranty implied
Related Decisions
AI generatedBS-657/2011-VLR
Court upholds lower court ruling dismissing liability for garage damage caused by defendant's own poor workmanship.
BS-103/2015-ARH
Danish court dismisses car damage and utility bill claims against a business owner due to lack of evidence.
BS-2861/2003-VLR
Tenant loses claim for damage caused by professional cleaner using wrong product on bathroom fixtures.
BS-49/2005-VIB
Court dismisses fireworks injury claim due to plaintiff's own gross negligence and knowledge of risks.
BS-1205/2016-HJO
Employer held liable for employee's anoxic brain injury caused by jumping into a gas-filled hold to save others.
Full text
Spørgsmål om, hvorvidt de sagsøgte er erstatningsansvarlige for udbedring af skader på garage i forbindelse med salg af ejendom, idet sagsøgte selv havde gravet ud og støbt soklen