It's amazing how many half-truths and misinterpretations persist in our minds when it comes to the law in everyday life. With some things, however, we don't even think to question them: If a restaurant or theater puts up signs about checkroom liability, we as guests simply assume that this will probably be legal. But it is definitely worth questioning things from time to time. What's more, some judgments are now outdated - and the legal situation has changed. We have compiled the most common misconceptions about your rights in everyday life for you, including clarification.

If the parking meter is broken, I can park for as long as I like

That would be nice! It's true that we can park our vehicle free of charge if the ticket machine is broken. But: The maximum parking time must not be exceeded. And: In this case, we must use the parking disk and place it clearly visible in the window. Ruling: §13Abs.1StVO

The landlord is not liable for the checkroom of guests

This is not true. The landlord is indeed liable for missing coats if the checkroom is located in an area that is difficult for the guest to see. If, on the other hand, he has his belongings in view at all times, he is liable for them himself. The case is even clearer if the guest leaves their coat at a checkroom manned by an employee for a small fee: This constitutes a contract for the safekeeping of the jacket handed in. And this includes, among other things, the safekeeping and subsequent return of the jacket. Ruling: Section 690 BGB, Section 309 No. 7 b) BGB

Tasting grapes before buying is permitted

Unfortunately, no. Even if most supermarkets are accommodating in this respect, it is theft. If you still want to know what the fruit or vegetables taste like before you buy them, it's best to ask an employee if you can try them. Verdict: § 242 StGB , § 248a StGB

If you hit something with your car, it's always your fault

It's not that simple. The person who causes the accident is always at fault. In many cases, this is the rear-end driver if the safety distance was not maintained. However, if the driver in front brakes hard without a compelling reason, for example, they are partially or even solely at fault. Judgment: Saarbrücken Regional Court, Ref.: 13 S 67/15, Section 4 StVO

Showering at night is prohibited in rented apartments

Fortunately not. Such clauses in rental agreements are invalid. This is particularly important to know for people who work shifts. However, showers or baths should not last longer than 30 minutes. Judgment: § 307 BGB, LG Cologne 1 S 304/96

I don't have to pay for what I break in the store

From a purely legal point of view, yes. Because even if we didn't buy the goods, the same applies in the supermarket: if you damage someone else's property, you have to pay for the damage. However, supermarkets are usually accommodating here too and do not charge the customer anything. Ruling: Section 823 (1) BGB

A note in the window protects you from being towed away

Not necessarily. A note such as "Be right back" does not always prevent parking offenders from being towed away. The message must at least indicate where the driver is. If the car with such a note is parked on private property, the owner is not obliged to call the driver, but can have it towed away. Judgment: AG Munich, Ref.: 122 C 31597/15

Reduced goods are always excluded from exchange

Not always. However, if the goods have defects, we can return them, even if we bought them at a reduced price in the sale. The store must either repair or exchange the goods - and this even applies for two years. This is because the seller is obliged to hand over the product free of material defects. Ruling: Section 433 I sentence 2 BGB

Without a bike helmet, I am partially at fault in an accident

Not at all. In Germany, there is currently no obligation to wear a helmet on a bicycle, neither for children nor for adults. So if an accident occurs, it is completely irrelevant for the question of fault whether you were wearing a helmet or not. And: Cyclists without head protection are also entitled to the same compensation. Judgement: BGH case reference: VI ZR 281/13

Insulting a police officer is insulting a public official

Not quite true. Insulting someone is a criminal offense in Germany - but civil servants are no special case. In plain language, this means that the repeatedly mentioned insulting of civil servants does not exist. Insulting police officers and the like is not punished more severely than insulting any other person - except in France. Judgment: § 185 StGB

A minimum speed limit applies on freeways

Humbug! The law only stipulates that only vehicles that can drive at least 60 km/h are allowed on the highway - but not that this speed must be driven. However, the following always applies: You must not obstruct traffic with your driving style. Ruling: Section 18 (1) StVO

Pets can generally be banned

Not for a long time now. Keeping rabbits, budgies, hamsters and the like cannot be prohibited at all. But even a general ban on dogs and cats is not legal: the tenancy agreement may only contain a clause stating that the landlord must agree to the keeping of dogs or cats. A decision is then made on a case-by-case basis upon request. The landlord does not have to agree to the keeping of dogs or cats, but may not generally prohibit it. Judgment: BGH case reference: VIII ZR 168/12

A seller must accept all my change

Not true. Even if you want to get rid of all the coins you have collected over the last few months while shopping: Retailers are not obliged to accept more than 50 coins. Incidentally, stores can also refuse to accept large bills such as 200 or 500 euros. However, this must be clearly indicated. Ruling: Coinage Act (MünzG) § 3

Cyclists are not allowed to ride one-handed in traffic

Yes, that is allowed. And they may also carry objects in one hand or lead a dog on a lead. Only riding with one hand free is prohibited. Ruling: § 23 StVO

Spouses are liable for each other's debts

This is not true. In the event of divorce, each spouse keeps their own property and is only liable for their own debts. However, "everyday transactions" are an exception. These include bills for electricity, gas, etc. Both spouses are responsible for these. Judgment: § 1357 BGB

I am allowed to park my scooter on the sidewalk

A clear no! The following applies: Vehicles may not use the sidewalk - not even for parking. The only exception is children up to the age of eight - they must cycle on the sidewalk, children up to the age of ten are allowed to do so. Verdict: § 2 StVO

What applies to online shopping?

You have to state the reason when canceling

No - even if most online stores enclose pre-prepared forms with their order documents on which the reasons for a return should be stated. The fact is, however, that the right of withdrawal that every buyer has when shopping on the Internet exists for no reason.

If the goods are lost, the buyer is out of luck

Fortunately not. The seller bears the risk of goods being lost in transit. If the customer does not receive their parcel, they do not have to pay for the goods or can claim their money back.

Returns must be paid for by the buyer

Not if the goods are defective. In this case, the seller is obliged to pay for the return shipment. The situation is different if the item is not to the buyer's liking or does not fit: Such returns may very well be at the customer's expense.

Complaints are only possible within the first 14 days

This is wrong - although many online retailers stipulate this in their terms and conditions. The fact is, however, that defective goods are covered by the two-year warranty and must therefore be refunded for this period. But beware: after six months, the burden of proof lies with the customer.