Editing Tort (section)

====Outline====
German tort law is codified in Book 2 of the [[Bürgerliches Gesetzbuch]] (BGB), which provides for [[damages]] in circumstances in which there is no contractual relationship between the plaintiff and the defendant. German tort law protects plaintiffs against violations of:
* Legal interests ({{langx|de|Rechtsgut|link=yes}}, literally: "[[legal good]]"): A legal interest is a good or interest protected by the legal system.<ref>[http://www.duden.de/rechtschreibung/Rechtsgut ''Rechtsgut, das''] duden.de, retrieved 29 August 2017</ref> Legal interests protected by tort are in particular life, the body, health, freedom and property.<ref>{{Cite web|url=https://www.gesetze-im-internet.de/bgb/__823.html|title=§ 823 BGB - Einzelnorm|website=www.gesetze-im-internet.de}}</ref> The type and number of protected legal interests are not conclusively defined and, where multiple such interests are at odds, they must be weighed against each other (e.g. human dignity versus freedom of speech in the context of the tort of [[defamation]]).
* Absolute rights ({{langx|de|Absolutes Recht|link=yes}}): Absolute rights provide a beneficiary with an exclusive, legally protected right to over a specific legal position (e.g. [[property]] rights), which everyone must respect.<ref>Brox, Hans and Walker, Wolf-Dietrich: ''Allgemeiner Teil des BGB.'' 42. Auflage. München 2018, S. 281 f.</ref>
* Protective laws ({{langx|de|Schutzgesetz|link=yes}}): In essence, a protective law is a provision of a written law which the [[Bundestag]] or a [[Landtag]] intended to protect individuals from some category of harm (e.g. a product liability or consumer protection law).

There are three distinct categories of liability recognised under the BGB: liability for "culpable injustice", "injustice in rebuttable presumed liability", and strict liability arising from "endangerment". Liability for culpable injustice, the default position in German tort law, is where an individual directly violates another person's legal interest or absolute right either intentionally or negligently. Rebuttable presumed liability is the principle that an individual is [[vicarious liability|vicariously liable]] where a legal interest or absolute right is violated by another person (e.g. an agent, child/other person in their custody), where such a violation is committed by an animal, or where such a violation takes place on the first individual's property. Strict liability for endangerment exists with regard to violations of protective laws (e.g. product liability, environmental laws, motor vehicle regulations) and in cases in which an individual is especially vulnerable due to the nature of a circumstance (e.g. medical or legal malpractice).

The BGB makes specific provisions for several different categories of torts pertaining to damages available, including damages and injunctions to prevent the commission of a tortious act. These provisions are supplemented by specific legislation, particularly protective laws. With regard to product liability, protective laws implementing European Union directives provide for a system of strict liability similar to that adopted in many common law jurisdictions; however, German tort law does not recognise class action lawsuits or the notion of [[mass tort]]s.<ref>{{Cite web|title=The Class Actions Law Review: Germany|first=Henning|last=Bälz|url=https://thelawreviews.co.uk/title/the-class-actions-law-review/germany#:~:text=Class%20actions%20in%20a%20formal,to%20German%20civil%20law%20procedure.|website=The Law Reviews|date=21 April 2022|access-date=26 May 2022|url-access=subscription|archive-date=27 May 2022|archive-url=https://web.archive.org/web/20220527020445/https://thelawreviews.co.uk/title/the-class-actions-law-review/germany#:~:text=Class%20actions%20in%20a%20formal,to%20German%20civil%20law%20procedure.|url-status=dead}}</ref> German tort law additionally does not permit punitive damages.