A police officer who causes an accident while on duty in a police vehicle can be held liable for the damage. This is the result of a judgement by the Berlin Administrative Court (Ref.: 5 K 65/21 of 18.03.2024). In the case in question, the police officer was on his way to a burglary in progress when he collided with another car due to excessive speed. The employer took the view that the police officer had been grossly negligent in breaching his duty of care and demanded that he compensate half of the damage to the official vehicle. The officer took legal action against this - but without success.

The Administrative Court was also of the opinion that the police officer had grossly disregarded the Highway Code. The specific conditions at the scene of the accident would have required him to exercise greater caution and therefore drive at a lower speed, especially as no one was in acute danger during the operation. Therefore, he could be held liable for half of the damage, according to the court. An appeal can be lodged against the judgement.

Contact persons for all questions relating to deployment law in our practice are Rechtsanwalt Dr Maximilian Dombert and lawyer Kristina Dörnenburg.