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LAWSUIT

Man wins court battle over loud footsteps

Germany's highest civil court ruled in favour of a man who swapped the carpet in his new apartment for parquet flooring, incurring the wrath of the retired couple who lived below him over his loud footsteps.

Man wins court battle over loud footsteps
Trouble at the top. Photo: DPA

The Federal Supreme Court (BGH), for whom no case seems too small, ruled that the neighbours bothered by the sound of reverberating footsteps on uncarpeted floors had to well, just grin and bear it.

The BGH ruled in line with a lower court's findings that the footfalls of the man who lived upstairs were within reasonable noise levels, as they fell within the official maximum level of footfall noise of 63 decibels.

For comparison, 60 decibels would be equivalent to normal conversation.

The plaintiffs and their neighbour were all residents of the Maritim complex, a 30-störy building complex with hotel rooms and 320 apartments in Travemünde, a town on the Baltic Sea.

The retired couple's lawyer argued before the court that the new neighbour should have left the carpet where it was, as it belonged to the posh building's character.

“The upscale amenities were binding,” he said.

But the BGH argued that the “special characteristics of the building” as a fancy, upmarket complex, were not enough to justify a ruling favoring carpeted floors.

“In addition, changing tastes in terms of preferred flooring speak against (ensuring) a permanent character for the building,” the court said.

As such, the court did not see it fit to force a carpet which was probably “chic in the 70s” on the plaintiff's neighbour, BGH judge Christina Stresemann said.

The defendant's lawyer also pointed out the the building complex already had 53 apartments with tiled, parquet, and laminated flooring.

The BGH's ruling is bound to disappoint renters hoping to bring their rents down by complaining about loud steps overhead.

SEE ALSO: Nine ways landlords and tenants fell out

LAWSUIT

Spanish woman sues for millions after learning she was switched at birth

A 19-year-old woman is seeking millions of euros in damages after it emerged that she was accidentally swapped with another newborn at a Spanish hospital nearly two decades ago.

Spanish woman sues for millions after learning she was switched at birth
Photo: Loic Venance/AFP

The babies were mixed up in 2002 after they were born five hours apart and placed in incubators at the San Millan de Logrono in northern Spain, due to a “one-off human error,” regional health authorities said.

The error was discovered four years ago after one of the girls who was switched underwent a DNA test as part of dispute over child support payments.

The woman, now 19, is demanding compensation of €3 million ($3.5 million) from health authorities for having been handed to the wrong family, her lawyer Jose Saez-Morga told AFP.

“We are talking about huge damages, which will last her whole life and which will never be repaired,” he said.

Health authorities in the Rioja region have so far only offered the woman, who prefers to remain anonymous, 215,000 euros in compensation, he added.

The regional health chief, Sara Alba, said computer systems back then did not have as many details as they do today, and stressed that a similar mix-up could not happen again.

Officials are “not aware” of any other cases at the hospital, which has since closed, she told a news conference on Tuesday.

“We have not been able to determine who is to blame for this mistake,” Alba said.

“It was a one-off human error which could not happen today. We can guarantee that this will not happen again.”

Saez-Morga said the other young woman switched at birth and her family have also undergone DNA testing.

She has also asked to remain anonymous and has so far not filed a lawsuit, he added.

According to Spanish media reports, one woman was sent to live with a couple who she believed to be her parents while the other, who has filed the lawsuit, was raised mostly by a woman she mistakenly thought was her grandmother.

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