The judgement of the Higher Regional Court of Schleswig-Holstein from 1998 is currently topical again during the festive Christmas season. It concerned the question of whether the insurance company had to pay for fire damage caused by wax candles on the Christmas tree. In Switzerland, a person is generally guilty of gross negligence if they leave candles or cigarettes burning unattended. However, the case judged by the Schleswig-Holstein Higher Regional Court had a special starting point.

The German court confirmed the principle that burning candles entail an increased risk potential, which requires a person to pay increased attention. Furthermore, it was emphasised that trees placed in heated rooms dry out more quickly, which increases the risk of fire. In the case in question, however, the court concluded that the explosive reaction that occurred after the candles were left to burn out was not to be expected and that all possible safety measures had been observed.

These included:
1. regular water and glycerine application to delay drying out
2. attaching the candles to the outermost edge of the tree
3. stable construction of the candlesticks to prevent the candles from hanging askew
4. larger than average bowl to collect the candle wax
5. provision of a bucket of water for emergencies, which could not be reached due to the tree falling over after the unexpected deflagration reaction.

In Switzerland, too, a completely unexpected third-party cause can lead to a person no longer being able to be held responsible for the damage, meaning that the insurance company must pay for the damage. In this particular case, the chances are therefore high that the insurance company in Switzerland would also have to pay for the damage. With this in mind: Merry Christmas to you all!