Austria: Restaurant Guest Smacked by Waiter – Claim against Owner Dismissed

In a recently published judgement of 29.11.2007 (1 Ob 127/07v) Austrian Supreme Court (OGH) upheld dismissal of a law suit against a restaurant owner lodged by a guest who had received fistcuffs and boot kicks from a waiter after he had left the place without paying because he wouldn’t acknowledge the bill.OGH confirmed lower instances’ view that the injury was only caused on occasion of the contract but not in execution of same. When smacking the guest in front of the restaurant the waiter therefore had not acted as an auxilary person of the restaurant owner .Anyway, the guest was awarded a compensation of EUR 34.268,06 to be payed by the waiter.Full text of the decision available in German here.

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