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Oktoberfest site off limits during construction

A question of liability
sarabyrd
Munich’s tourism office has announced that the Theresienwiese will be off limits for pedestrians and cyclists while the tents and rides are being set up for this year’s Oktoberfest, temporary fences and barricades will be installed. And this because a cyclist last year proved himself unable to steer and look at the same time – he ran into a barricade and sued the city of Munich for damages. Now, says Gabi Weishäupl, head of the tourism office, Munich has to protect itself from such claims and has declared the Theresienwiese a no-thoroughfare. Anyone who trespasses waives all potential claims for any accidents or injuries that may occur.

QUOTE
Warum das Ganze? Ein einzelner Radlfahrer scheint daran offenbar nicht ganz unbeteiligt zu sein. Nach Angaben von Schmid war dieser im vorigen Jahr gegen eine Baustellen-Absperrung auf der Theresienwiese geprallt, hatte sich verletzt – und gegen die Stadt geklagt. „In einem Staat, in dem Klage erhoben wird wegen jeder Kleinigkeit, möchten wir uns absichern“, stellte Weishäupl jetzt klar. Wer trotzdem weiter über die entstehende Wiesn marschiere, müsse im Falle eines Unfalls eben selbst haften.

Not that the police will be hunting down and arresting passers-by or school classes picking up the local atmosphere. But the traditional stroll over the grounds ending in the construction workers’ canteen is a thing of the past – yep, no entry for the general public.

Sic transit gloria prati!
HellesAngel
Shame they didn't name the cyclist, he/she obviously needs some 'education' mad.gif . The Wiesn build up is part of the atmostphere - hopefully they won't enforce the verbot strictly but just enough so they can avoid similar pointless suits in future, claiming any idiot who wants to sue ignored the warnings and bypassed the fences.
Alarum
it cant be hard to spot the massive tent he was approcahing, or was there something shiney on the floor that distracted his attention for the 100 metres leading up to it
Eck Spatz
The Augustiner Kantine is gonna notice a drop in trade. ohmy.gif It'll be missed...

[attachment=75583:augustin...kantine2.jpg]
LittleSprite
QUOTE(HellesAngel @ Apr 23 2008, 9:57 am) *
Hopefully they won't enforce the verbot strictly but just enough so they can avoid similar pointless suits in future, claiming any idiot who wants to sue ignored the warnings and bypassed the fences.

Looks like a legal technicality which they doen't intend to enforce it at all (at least not in the case of pedestrians).
Jeeves
I expect they'll put up disclaimers "enter at your own risk". I hope that's all they do, because otherwise so many lunch breaks between July and September will not be the same.
mehithabel
Oh no, this is part of my regular jogging route and I cycle through it at least a couple of times a week too. I can cope with the 3 weeks of hassle living beside the Oktoberfest because, well, it's the Oktoberfest but that's enough!

The place is fairly packed on any given evening with joggers and dog walkers and full of cyclists, remote controlled car freaks, windsurfers (really, on skareboards), footballers, roller-bladers etc etc at the weekends, even during construction, even more so in fact, so I reckon you're right that they won't/can't enforce a strict no-go. Hope the hell not anyway!
kitkat64
Last year my parent's visited me in the 2 weeks before Wiesn started so I took them on a stroll through just to see what I have been talking about. We were able to peek our heads into a few tents and they got a feel for what it is like. I hope they don't stop you from doing that. Stupid cyclist should be sued by the city for stupidity.
Michelangelo
I hope this is just like those signs that are put on some pedestrian paths in Winter, saying that you can't go there because there is no "Winterdienst" (i.e. service to clean the path from snow and ice). It is just there to avoid them to be responsible if you hurt yourself.

Otherwise I agree, I will miss those nice lunches in the Augustiner tent, before the Oktoberfest actually starts.
HellesAngel
QUOTE(Eck Spatz @ Apr 23 2008, 10:42 am) *
The Augustiner Kantine is gonna notice a drop in trade. It'll be missed...

Maybe if you put a yellow hard hat on you'll be allowed in still...
James_Runner
QUOTE(sarabyrd @ Apr 23 2008, 9:40 am) *
And this because a cyclist last year proved himself unable to steer and look at the same time – he ran into a barricade and sued the city of Munich for damages.

How quintessentially American of him!
Owain Glyndwr
ironically simply stating you cannot enter without making reasonable efforts to fence off the area doesn't absolve the city of any liability at all. (i think, iirc from law classes, although i may be mixing that gem up with English law)
HEM
QUOTE(sarabyrd @ Apr 23 2008, 9:40 am) *
And this because a cyclist last year proved himself unable to steer and look at the same time – he ran into a barricade and sued the city of Munich for damages.

As someone else wrote: very American (or what we are held to believe is the case).

So did the cyclist win his case or did it get thrown out of court? You can sue anyone for anything but it doesn't mean you get your way...
sarabyrd
Since City Hall is so pissed off I assume the guy won his case. I hope he develops piles, loses his driving license and is banned from public transport and therefore forced to ride his bike throughout the next hard, snowy, freezing winter.
I agree, my first thought was: How frügging American of him!
Eck Spatz
QUOTE(HellesAngel @ Apr 23 2008, 6:07 pm) *
Maybe if you put a yellow hard hat on you'll be allowed in still...

I've never seen any hardhats worn on the Fest building site. Elf 'n' safety would throw a wobbler though if they saw workers sitting in a forklift sipping a beer... huh.gif
HellesAngel
QUOTE(sarabyrd @ Apr 23 2008, 8:20 pm) *
ride his bike throughout the next hard, snowy, freezing winter.

Cycling in the snow is fun! Travel is somewhat more exciting when the coefficient of friction approaches zero and you're perched on an inherently unstable device...
QUOTE(sarabyrd @ Apr 23 2008, 8:20 pm) *
How frügging American of him!

You know, with all their insurances the Germans appear worse than you septics at this. I had one stupid dolly wanting to sue me as the turn-ups of her trousers got caught, and a small hole was ripped at the point of contact. in a bag I was carrying as she tried to barge past me on the U-bahn. I told her to fuck off. Anyway, Germans are cowards because when they sue they're not carrying the risk, their insurance is. Americans sue out of bellicose belligerence, an altogether more wholesome approach.
sarabyrd
This is the article in today's Süddeutsche Zeitung, online version. The printed version is shorter but contains the intresting sentence "Grund für diese Maßnahmen sei ein Radfahrer, der nach einem Unfall auf der Baustelle versuchte, die Stadt haftbar zu machen". - "These measures were initiated after a cyclist attempted to claim off the City for an accident on the construction site". So it looks like he didn't succeed after all. (my bold)

The fences will be constructed so vehicles and cyclists cannot pass them, pedestrians will still have access. And the landlords in the canteens are "instructed" to ask customers if they work on site. D'uh, answer is yes - in a pinch you translate for the brickies.
Renia
I heard some Germans talking about this yesterday, very annoyed at losing their thoroughfare through the Wiesn for so long. So, maybe there will be enough complaints to bring it down...like smoking...
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