A fleet manager must keep an eye on every fleet-related detail – a complex task that should not be underestimated. At the same time, they are the one who can legally be held responsible for cases of damage affecting the vehicle fleet. The reason for this is owner liability.
What is owner liability?
Liability means taking on a debt. In other words, the liable person assumes responsibility for a particular debt or claim. To understand the specific principle of owner liability, it is first necessary to understand its basis: strict liability. Strict liability applies where the liability for damage results from a permissible risk. According to §7 of the German Road Traffic Act (StVG), permissible risks are defined as permitted activities that involve a certain inevitable degree of risk to the environment. This includes, for example, driving a vehicle. It means that vehicle owners should expect damage to be caused to the vehicle at some point or another, and that they will have to pay for this damage. It can also happen that a person is injured or killed by the vehicle, or that there is an expensive case of property damage. In this case, the damage must be reimbursed or compensation paid.
In the example of a fleet, the permissible risk covers all vehicles that are made available for use by the company. It should be assumed that any vehicles placed into operation may pose a hazard and cause damage, for example as a result of accidents (§ 7 StVG, motor vehicle liability). If this occurs, a person or entity is required to assume liability for the damage to property or personal injury according to indemnity law.
It’s important to be aware that in this case, sole responsibility falls to the vehicle owner. This is what is known as “owner liability”. Depending on the owner’s level of responsibility, the principle may apply to a single vehicle or to several ones.
Photo by Victor Sánchez Berruezo / Unsplash
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