In a recent decision (BGH v. 10.4.2008, I ZR 227/05 AZ), the Supreme Court opinion on the question of burden of proof taken in the event that the platform operator as spoilers or due to injury a road safety management is used. Basically the state competition because of a violation unused indirect interferences an impossibility or unreasonableness of the injury prevention and prove. In view of specific rules TDG in this is the platform operator differently. Must cite the inability of these violations are found positive, thus proving the alleged victim. However, the platform operator to react to a corresponding statement extensive and explain why the statements of the injury are wrong (so-called secondary burden of proof). www.anwalt-strieder.de
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