Pioneering judgments won
Many landmark decisions on overfilling damage stem from our proceedings. Most recently, we overturned a judgment before the Higher Regional Court of Munich (OLG München) and completely defeated liability for our client.
Overfill damage?
We know the technology, the case law, and the ways to defend against it.
A tank truck, outdated technology at the oil tank, perhaps a moment of carelessness—and suddenly you are facing damage that causes real trouble. It is true that the insurance pays for the damage, but everyone knows that in the end you still foot the bill through a higher premium. If criminal allegations are made, no insurance will pay anyway. How do you, as a dealer, get out of this—and can it be achieved that the insurance doesn’t have to pay?
Since 1995, we have represented mineral oil dealers, drivers, and insurers in overfill damages and the unintended release of hazardous goods. With in-depth technical knowledge that stands up to expert scrutiny, and litigation experience that reaches all the way to the Federal Court of Justice (BGH).
Since 1995, we have represented mineral oil dealers, drivers, and insurers in overfill damages and the unintended release of hazardous goods. With in-depth technical knowledge that stands up to expert scrutiny, and litigation experience that reaches all the way to the Federal Court of Justice (BGH).
Why overfill damage is so dangerous
Overfilling damage—or, more precisely, the unintended release of hazardous goods—is among the most delicate liability cases in the mineral oil trade. If heating oil or fuel escapes uncontrollably, damage often runs into six or seven figures. Soil remediation, groundwater protection, building damage: costs can quickly explode.
The problem: as a trader or driver, you are always blamed. It is quite remarkable that a driver is expected to detect faults in a system that were previously made by an installer and overlooked by the accepting expert. A major handicap. If your lawyer does not understand the technical details—from limit value sensors and securing clamps to LORO-X push-sleeve connections—he cannot effectively challenge the expert. You lose even though you may not actually be liable.
To successfully defend against overfilling damage, you need both: legal expertise and in-depth technical knowledge. We have been offering exactly this combination for over 30 years.
Enormous amounts of damage
Soil remediation, groundwater damage, consequential building damage: In the case of overfilling damage, you can quickly be talking about sums that can drive up your insurance premiums.
Technically complex expert reports
Experts often determine the outcome. If you don’t understand their technical arguments, you can’t refute them.
Unresolved liability issues
Who is liable – the driver, the dealer, the system operator? The answer depends on details that only specialists recognize.
30 years of experience. Technology and law from a single source.
Since 1995, we have handled overfilling damage and cases involving the unintended release of hazardous goods. During this time, we have built up not only legal expertise, but also a technical understanding that is second to none in the legal profession. We know storage and transport technology in detail. We know how limit switches work, which requirements apply to securing clamps, and what TRwS 791 specifically prescribes.
ContactThis knowledge does not come from books. At our firm, the rule is: every lawyer rides along for at least one day on deliveries with a mineral oil dealer. Because you can only argue sensibly about what you have seen and held in your hands. This hands-on approach makes the difference when we face an expert witness in court.
We shape case law – and know the rules from the inside.
Many of the judgments that today define the case law on overfilling damage were won by our firm. We not only know the current legal situation; we helped shape it. In addition, attorney Schäfer was involved in the development of the technical rules for water-polluting substances (TRwS 791) – via the federal association UNITI e.V. and in direct exchange with experts from the standard-setting process.
ContactThat means for you: we not only know the wording of the regulations, but also their background and the intention behind them. When dealing with expert witnesses, this is a decisive advantage.
We represent all players in the mineral oil trade – and therefore know every perspective.
Our clients in overfill damage cases include mineral oil traders, drivers, and their insurers. According to the case law of the Federal Court of Justice, damage occurring during the draining of heating oil or fuels falls under the motor vehicle liability insurance of the tanker truck – the tanker truck is deemed to be in operation as long as the pump is running. That is why well-known insurers also regularly instruct us to handle the defense in liability proceedings.
These different perspectives give us an advantage: we know the arguments and interests of everyone involved. Whether we represent a dealer, a driver, or an insurer—we know how the other side thinks and where their weak points are.
Our consulting approach
Securing the damage site and comprehensive photo documentation
Involving the motor vehicle liability insurer
Assessment of the damage, the amount of damage, and the share of responsibility
Coordination with the insurer and engagement by the insurer
Defending against unjustified claims
Representation in court proceedings
If necessary, representation of the driver in administrative fine and criminal proceedings
What our clients say
Mineral oil traders, drivers, and insurers trust our combination of technical knowledge and legal experience.
Bernd Wahr
Fritz Wahr Energie GmbH & Co. KG, Nagold
In the past, we have involved Mr. Schäfer in various overfilling incidents that were not our fault. He was always able to defend us successfully and thus prevent insurance premiums from rising.
Suffered overfill damage? Act now.
In overfill damage cases, the initial steps often determine the outcome of the proceedings. The earlier we analyze the case and develop a strategy, the better your chances. In a brief consultation, we will get an overview of your situation and show you what options you have.
Schedule your consultation nowPhone
+ 48 879-325-459
+ 48 879-325-459
E-mail
contact@demo.com
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