Verkehrssicherungspflicht

English translation: duty of care (property owner's, manufacturer's, etc.)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

German term or phrase:	Verkehrssicherungspflicht
English translation:	duty of care (property owner's, manufacturer's, etc.)
Entered by:	Robin Ward

05:51 Nov 21, 2001

German to English translations [PRO]
Law/Patents - Real Estate

German term or phrase: Verkehrssicherungspflicht

In the following text:
Die Definition der Verkehrssicherungspflichten muß durch die Auswertung der einschlägigen Gesetzestexte und Richtlinien und im Zusammenhang mit den betrieblichen Gegebenheiten erfolgen.

Ziel: Möglichst vollständige Auflistung der einzelnen Verkehrssicherungspflichten und deren Einordnung nach normalen Dienstleistungen oder Baumaßnahmen oder beidem."

I've been informed by the author that "Verkehr" does not refer to road traffic here but rather anything which is, loosely speaking, "in Verkehr gebracht", for example machinery or plant.
So it is an obligation to ensure safety, but not road traffic safety.
Any ideas besides my perhaps incomplete "general safety obligation" or "general obligation to ensure safety"?

Robin Ward KudoZ activity Questions: 844 (none open) (1 without valid answers) Answers: 706 Germany
Local time: 16:15

property owners' duty of care; manufacturers' duty of care;

Explanation:
physicians' duty of care.

Duty of care is the standard term and you can modify it to fit a particular situation. In fact, everyone may have a duth of care in one respect or another.
The duty is owed to whoever can be foreseen to come into contact with you or your equipment, property, or services.

The level of duty varies.

Selected response from:

Dr. Fred Thomson
United States
Local time: 08:15

Grading comment

Comes closest to what was meant in the context; duty of care had never crossed my mind, nor was I able to find it anywhere. Thanks to all of you for your suggestions!
4 KudoZ points were awarded for this answer

Summary of answers provided

5 +4

duty of care.

transatgees

5 +1

property owners' duty of care; manufacturers' duty of care;

Dr. Fred Thomson

5 +1

duty of care as to avoid unnecessary injury or loss to others [the general public] [public at large]

Beate Lutzebaeck

duty of occupier to make land or premises safe for persons or vehicles

NickWatson

traffic safety obligations

paulagee (X)

duty of trade-safety measures

Michaela Koncilia

Answers

19 mins confidence:

duty of trade-safety measures

Explanation:
As I understand this phrase, "Verkehr" includes/means "Transport/Handelsverkehr" and "Sicherheitspflicht" the duty to take measures to guarantee the security (of transported goods?)during the transport.

regards

MIchaela Koncilia

Michaela Koncilia
Local time: 16:15

26 mins confidence:

duty of occupier to make land or premises safe for persons or vehicles

Explanation:
Dietl: "Dictionary of Legal, Commercial and Political Terms"

NickWatson
Germany
Local time: 16:15
Native speaker of: English

27 mins confidence:

traffic safety obligations

Explanation:
This is the most word for word translation and in this instance obligations covers "Pflichten" better than duties.

paulagee (X)
United Kingdom
Local time: 15:15

37 mins confidence:

peer agreement (net): +4

duty of care.

Explanation:
This is a concept deeply embedded in English law, and refers to any person providing goods and services (including translators!!!). Although your text is not about English law, it seems to mee it fits well here.

Lot of time spent with lawyers.

transatgees
United Kingdom
Local time: 15:15
Works in field
Native speaker of: English

1 hr confidence:

peer agreement (net): +1

property owners' duty of care; manufacturers' duty of care;

Dr. Fred Thomson
United States
Local time: 08:15
Works in field
Native speaker of: English
PRO pts in category: 84

Grading comment

Comes closest to what was meant in the context; duty of care had never crossed my mind, nor was I able to find it anywhere. Thanks to all of you for your suggestions!

6 hrs confidence:

peer agreement (net): +1

duty of care as to avoid unnecessary injury or loss to others [the general public] [public at large]

Explanation:
Some background on the German concept of Verkehrssicherungspflicht: While this concept includes the exercise of due care in (road) traffic, is goes far beyond this area of application and requires the person subject to the Verkehrspflicht to ensure the safety of third parties with regard to the maintenance of roads, construction sites, buildings, machinery, equipment, etc.

In Anglo-American law, this concept is pretty much reflected by the "duty of care" - with a few differences. While the Verkehrssicherungspflicht is owed to the public at large, the "duty of care" is owed to "thy neighbour". Now, neighbour in this context does not refer to the person living next door, but the person with whom you have established a sufficiently close relationship to owe a duty of care. Hence, a sole trader has a duty of care to his/her customers, employees and suppliers, directors have a duty of care to the company itself, to the other company directors, and so forth, but not to the general public.

("...That you are to love your neighbour, but...becomes in Law, you must not injure your neighbour; and the lawyers' question...Who is my neighbour? receives a restricted reply."
Odjik, Australian Business Law Dictionary)

Using "duty of care" as such in a translation would presume that the German and Anglo-American concepts are identical which they are not. I therefore propose the above answer as it reflects the fact that there are some differences, without spelling them out individually.

Another option is offered by Romain, Legal Dictionary: "duty to maintain safety" - concise and all-encompassing but still different enough not to be taken for the same face value as the Anglo-American concept of "duty of care".

Prof. exp. as German/NZ lawyer

Beate Lutzebaeck
New Zealand
Local time: 02:15
Specializes in field
Native speaker of:

German,

English
PRO pts in category: 30

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Verkehrssicherungspflicht

English translation: duty of care (property owner's, manufacturer's, etc.)

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