A low-flying U.S. Military helicopter caused her horse to spook – for this, the federal republic of germany must now pay a fallen rider 2400 euros in damages. This was decided by the higher regional court (OLG) of nurnberg on tuesday in an appeal proceeding.
The higher regional court thus corrected a decision of the regional court of nurnberg-furth in may, which at that time had rejected the claim of the woman from feuchtwangen (district of ansbach). Since federal citizens generally cannot sue U.S. Military personnel, the federal government is liable for damages that are proven to have been caused by allied troops.
The court spoke of an "objectively dangerous flight maneuver" in its decision the military helicopter on the day of the accident in november 2010. In addition, the court ruled that the woman's claim for damages of 2400 euros was relatively high.
The OLG referred to a witness questioned in the one-day proceedings. This had reported three approaches of the US helicopter in the proximity of the feuchtwanger local part kuhnhardt. At least once, the low-flying helicopter was directly above the rider. Thereupon the horse had spooked and thrown the rider off.
The rider, who works as an equine physiotherapist, initially demanded compensation of 1,200 euros from the U.S. Military. In addition, she demanded financial compensation for the loss of income incurred during her recovery. Both had been rejected by the U.S. Military. When the responsible german federal authorities also refused to pay, she went to court.