Case of the Month · October 2026
“I sat down on a man.”
Dear KiS,
Oktoberfest, beer tent, great atmosphere. Then there was a scuffle which, for once, was not my fault. A gentleman went for me. I pushed him away, he fell over.
I am, let's say, rather sturdily built. To make sure he stayed down, I sat on his upper body for a minute, maybe two.
Now I am supposed to pay him damages for pain and suffering. I think it was self-defence. The court thinks it was sitting.
Surely this is a case for my liability insurance?
With slightly contrite regards
Mr S., currently standing
Note: staged claim report. We made up this letter – a claim report like this, or something similar, could reach us. Mr S. is a fictitious character. The ruling in question, however, is real.
Dear Mr S.,
thank you for your candour. Unfortunately we have to tell you: the court is right, and your liability insurance will very probably keep its distance.
What the court decided
Self-defence only applies as long as an attack is ongoing. Someone who is already lying on the ground is no longer attacking anyone. The judges assessed deliberately sitting on a man while being considerably heavier than him as a serious interference that causes considerable pain.
- Court
- Amtsgericht München (Munich Local Court)
- Ruling
- 11.06.2026, Az. 223 C 11265/25, final
- Claimed
- at least 2.500 euros damages for pain and suffering
- Awarded
- 500 euros
Why not more? The claimant asserted a broken finger, a haematoma and possible long-term consequences. However, he had already got into another scuffle that same evening and only noticed the injuries later. It could not be proven that they were caused by being sat on.
Why your personal liability insurance does not step in here
Personal liability insurance is made for everyday mishaps: the knocked-over glass, the bicycle handlebar scratching a car's paintwork, the overflowing bathtub at the neighbour's. Under § 103 VVG (German Insurance Contract Act), the insurer is not obliged to pay if the policyholder intentionally and unlawfully caused the damage suffered by the third party. Sitting on the man was unlawful here, because the self-defence situation was already over. The intent must also extend to the consequences of the injury. However, anyone who deliberately sits on a person lying on the ground and accepts that this will cause pain will find it hard to dispute that. As a rule, the defence against the claim, which a liability insurer otherwise takes on, is then also not provided.
Three things for the next Oktoberfest
- When the attack is over, self-defence is over too. Step back, call security or the police.
- Personal liability insurance protects you against mishaps, not scuffles. It is still worth having it checked: do the sum insured and modules such as damage caused while doing someone a favour still fit your life?
- If you are injured, see a doctor immediately and document everything. Legal expenses insurance covering damages claims can help if you go to court.
And if you want to sit down next time: that is what the beer bench is for.
Kind regards
Ingo Forsthuber and the KiS team
Sources
- Legal Tribune Online: „Dicker Mann setzt sich auf kleinen Mann: AG bejaht Schmerzensgeld“ (“Fat man sits on small man: local court awards damages for pain and suffering”), 14.09.2026 (there: “The ruling is final.”).
- Amtsgericht München (Munich Local Court), ruling of 11.06.2026, Az. 223 C 11265/25.
- § 103 Versicherungsvertragsgesetz (VVG, German Insurance Contract Act): causing the insured event.
Legal and editorial notice: The letter is a staged, entirely fictitious claim report; the ruling discussed is real. This article is for general information only and does not replace individual advice. It is not legal advice – we are insurance brokers, not lawyers. If you need a legal assessment of your own case, please consult a lawyer. KiS – Kontor im Schwarzwald GmbH, insurance broker licensed under § 34d Abs. 1 GewO, Reg.-Nr. D-PS74-61V96-00.