Christmas is around the corner. Even though this time is usually hectic, the scent of pine branches and the soft light of the candles create a little calm in the hustle and bustle of everyday life. That's why most people don't want to miss the burning candles. However, these mood makers can also cause mischief. Around 500 Christmas tree and Advent wreath fires every year across Austria turn Christmas celebrations into a Christmas fire.
Does insurance pay in the event of a Christmas tree fire?
A Christmas tree fire is usually covered under household insurance. However, it remains to be clarified what caused the fire. The insurance does not pay in every case - for example in the case of gross negligence. What does that mean?
“Grossly negligent” refers to incorrect behavior that a conscientious person would never engage in in the same situation. An example: Someone is preparing Christmas dinner in the kitchen while the candles on the Christmas tree are burning unattended.
Can you insure gross negligence?
Gross negligence is usually not covered by household insurance. However, almost all insurance companies – including Niederösterreichische Versicherung – offer this additional protection against an additional premium.
Fiery New Year's Eve - damage happened quickly
A stray New Year's Eve rocket that sets a house on fire, a firecracker that damages the eardrum, a car that is damaged by fireworks: many an exuberant New Year's Eve ends with fire brigade sirens and ambulances. Which insurance companies actually pay for New Year's Eve damage?
The basic rule is: If someone else is injured when a fireworks rocket is ignited or a firecracker fires, private liability insurance will cover this. However, this requires that the damage was not caused intentionally and that all legal regulations were adhered to. Furthermore, according to case law, personal liability insurance does not have to be taken into account if damage is caused by firecrackers/rockets etc. “out of the mere desire to destroy/wanton”. Reason: Deliberately creating a dangerous situation is not one of the dangers of everyday life.
What is prohibited by law?
The shooting of fireworks is regulated in the Pyrotechnics Act § 38: The use of pyrotechnic objects in category F2 is prohibited in the local area. Although mayors are entitled to exempt parts of the local area from this ban under certain conditions, in practice there are hardly any mayors who take this risk.
Who pays for damage to motor vehicles?
It's best to park your car in the garage or in a secure parking space on New Year's Eve. Because in the hustle and bustle of the New Year, the person who caused the damage can usually not be identified. If you park your car outdoors, it is definitely recommended to take out comprehensive insurance to protect your car in the event of parking damage or fire damage.
If your own house is damaged
If someone else's fireworks rocket got into your house and started a fire, your homeowner's insurance will cover it. But what is the situation if your own rocket goes astray? In this case, homeowners insurance would only kick in if gross negligence is insured and shooting off fireworks is officially permitted. If the rocket was detonated in the local area (violation of official requirements), this is referred to as a breach of duty. In this case the insurance will be canceled.
Ten tips for a safe Christmas Eve:
1. Always stay close to the burning wax candles.
2. The candles must be attached upright on the branches.
3. Keep a safe distance from neighboring branches or tree decorations and curtains.
4. Remove spent candles.
5. Avoid star splashes.
6. Only light the candles while the tree still has enough moisture.
7. Provide a fireproof base and safety igniters.
8. Make sure the tree is stable.
9. Have a fire extinguisher or bucket of water ready just in case.
10. If you want to be on the safe side, use electric Christmas tree lights
Five tips for safe fireworks displays
· Children must never set off firecrackers or rockets unsupervised.
· Shooting off fireworks is prohibited in the local area (category F2). In any case, it is prohibited near hospitals, retirement homes, churches and animal shelters.
· Preparation is important! Visit the launch site in daylight and ensure there is sufficient distance from buildings, power and telephone lines, and trees.
· If a firecracker fails to ignite, wait at least five minutes and sink the “failure” into a bucket filled with water.
· Be careful, alcohol! Stay away from fireworks if you have drunk alcohol. Even if you are “just” watching, you should keep a safe distance of 20 to 30 meters from the launch site.
Legal Notice:
The examples given provide a better understanding, but do not mean a guarantee of coverage for specific claims. These are checked on a case-by-case basis. Errors excepted.
Responsible for the content is Niederösterreichische Versicherung AG, Neue Herrengasse 10, 3100 St. Pölten
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