A dredger sinks in the Baltic Sea

A construction company that had rented a specialized excavator accidentally sank the machine on the seabed. Now, the Higher Regional Court of Schleswig-Holstein ruled that the company is liable for damages.

Rental items must be returned in proper condition. This also applies to a construction company that rented an excavator and operator. Since the machine is now in the Baltic Sea, the renter is liable for the resulting damage , ruled the Higher Regional Court of Schleswig-Holstein.

The case

A construction company was carrying out coastal protection work on the Baltic Sea coast. This required them to excavate directly in the Baltic Sea. For this purpose, they rented a special tracked excavator with an operator from another company. During the work in the shallow water, the excavator slipped into a shoal. It sank and was completely destroyed.

The company that owned the excavator demanded almost €180.000 in damages from the construction firm . The construction firm denied any responsibility, explaining that it had specifically ordered a specialized excavator. The other company had assured them that the excavator operator was experienced . Furthermore, the company claimed the machine sank because the operator had not taken the safe route along the bank, but instead had driven a shortcut through the water.

The judgment

The Higher Regional Court (OLG) of Schleswig, like the Regional Court of Flensburg before it, ordered the construction company to pay damages . Both courts concluded that the parties had entered into a lease agreement and that the construction company had breached its obligation to properly return the leased property.

You might also be interested in:

Operations management

Construction site travel as working time: When do you get paid?

Operations management

Optician wins against data privacy challenger

Operations management

Digital occupational safety solutions: Safety through new technologies

The construction company failed to mark or secure the edge of the excavation in the water . The excavator operator could not see the shallows and should therefore have taken the safer route on land. However, the courts attributed the excavator operator's mistake to the construction company – not to the "rental" company. This was because the excavator operator was working for the construction company at that moment and was acting on its instructions.

Schleswig-Holstein Higher Regional Court, judgment of February 3, 2026, file number 3 U 12/25, legally binding

The advisors at the Chambers of Crafts will be happy to help you with any legal questions!

DHB now also available digitally! Simply click here and register for the digital German Crafts Journal (DHB)!