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accident according action alleged apply arising BGH NJW BGH VersR BGHZ breach Bundesgerichtshof BVerfGE causal caused child circumstances claim for damages Code Common law compensation conduct consequences Constitution contract contractor Court of Appeal damages for pain danger decision defect defendant's delict duty effect employee English version enterprise exist fact fault favour further German law harm Hedley Byrne injured party injury interest judgment Kurt Lipstein Landgericht law of tort lawyers limited manufacturer Markesinis motor vehicle negligence obligation operation owner pain and suffering patient person plaintiff Press Complaints Commission principle private law problem product liability protection pure economic loss question reason recovery references omitted regarded Reichsgericht respect responsible result risk rule second defendant Senate statute strict liability StVG Supreme Court third party tion tort law tortfeasor traffic unlawful victim