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In the event of a violation of the smoking ban, the nursing home may resign


Münster District Court: Fire hazard can endanger the lives of others
Munster (jur). If residents of old people's homes stubbornly use a cigarette despite the ban on smoking in their rooms, they can be given notice of their place of residence due to the existing fire risk and the danger to other residents. This was decided by the Münster District Court in a recently published judgment of December 12, 2016 (Az .: 02 O 114/16).

This means that an old people's home in need of care must vacate their home room and look for a new place to stay. After the man under care had suffered a stroke, he has been living in the retirement home since November 2009. As a heavy smoker, he also used his cigarette in his home room.

However, the man had a habit of throwing the cigarette ends into the wastebasket. As a result, smoldering fires occurred several times. Even when the nursing staff gave him a glass of water for the glowing stems, the cigarette ends ended up in the trash.

When there was another smoldering fire and the smoke alarm went off, the home management issued a ban on smoking in the room. The man could smoke his cigarettes outside on the terrace. If he does not abide by the smoking ban, he must expect to terminate the home contract.

The smoker did not take this threat seriously and tossed red-hot cigarette butts into the wastebasket.

When the termination of the home place followed, the supervisor went to court for the resident. There were no adequate home places available for him in the place. The man was also culpably limited in his ability to think and did not act culpably.

The district court, however, confirmed the termination of the home contract. The fact that the smoker took a cigarette in his room despite the ban on smoking was an "important reason" for the termination. Because the home operator is also obliged to protect the other residents from dangers. Here, because of the behavior of the resident, there is a risk of fire, so that others are endangered.

The home operator has repeatedly pointed out the dangers to the passionate smoker when the glowing stems end up in the trash. The resident understood this, but did not stick to it.

The Münster judges did not follow the guardian's argument that the man had not acted culpably. But even if one assumed this, the termination would have been justified because of the severity and frequency of the violations, the district court said. It is also unreasonable to expect the home operator to constantly monitor the smoker. fle / mwo

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