Overview
- The Bundestag approved the Gefährdungshaftung earlier this year and the Bundesrat has now confirmed the measure, creating strict liability for holders of electric small vehicles.
- Under the change, victims no longer must identify the rider to claim damages because rental companies are treated as the vehicle holder unless a rider can prove they were not at fault.
- E‑scooter use and harm have surged in recent years, with fleet numbers rising from roughly 180,000 in 2020 to about one million by 2023 and 16,496 people injured in 2025 according to official data cited in reporting.
- Police have opened forensic and criminal inquiries after a string of recent serious incidents — including a fatal bicycle crash in Herten, a life‑threatening truck collision with an 84‑year‑old scooter rider, and an assault by an e‑scooter user — highlighting enforcement challenges.
- Accident researchers point to the scooters' small wheels, different balance and unstable dynamics plus the younger, less experienced profile of many rental users as reasons for higher crash rates and for the law's focus on making holders liable.