Duty to ensure road safety: Cycling accident at a roadworks site - roadworks barriers have a purpose

His claim for damages and compensation for pain and suffering was unsuccessful in all instances. The city had not breached its duty to ensure road safety towards the cyclist because the cycle path was only open to residents and the racing cyclist did not belong to this protected group of people. Nothing else follows from the fact that, according to the cyclist, he had accidentally entered the cordoned-off construction site area, as he himself had stated that he was suspicious of the barriers and construction vehicles. Even assuming a breach of the duty to maintain road safety, the cyclist's culpability prevailed - with the result that the city's liability was completely excluded. The cyclist had deliberately ignored the road closure and recognised the roadworks area itself as a significant source of danger. Together with the restricted visibility, he would therefore have had reason to reduce his speed to walking pace and dismount if necessary. (OLG Hamm, decision of 29.10.2013 - I-9 U 135/13)