Federal Social Court: Schoolchildren insured when surfing the web

Msome need the life-threatening action for the famous “adrenaline rush”. For others, it’s the final test of courage to gain recognition in a group. We are talking about train surfing, i.e. illegal climbing on the roofs of train carriages while driving.

In the case of a student from Brandenburg, who sustained serious injuries while surfing the web on his way home from school in 2015, Federal Social Court (BSG) approved statutory accident protection on Thursday. According to the highest German social court, there is a so-called commuting accident in which the protection of the student accident insurance applies.

The BSG thus opposed an earlier decision by the Berlin-Brandenburg State Social Court, which had denied the insurance cover in the lower court.

According to the decision from Kassel, pupils are insured against accidents “in the case of playful activities within the framework of student group dynamic processes”. In the case of the plaintiff, too, it was about being “cool” in the circle of friends among the schoolchildren.

According to the opinion of the second Senate in Kassel, the danger he created himself does not rule out accident insurance cover. “In view of repeated successful surfing campaigns, it is rather clear that the carelessness acquired in the process led to a massive age-typical overconfidence,” according to the verdict.

The then 15-year-old high school student was on his way home after school with a regional express. While driving, he opened the closed door of a wagon with a square key and climbed onto the locomotive.

He suffered a high-voltage shock from the overhead line on the roof and fell off the locomotive while burning. He survived with serious injuries, including burns covering around 35 percent of his body (file number B 2 U 3/21).