In the event of a breach of the smoking ban, Altenheim may terminate residents

District Court Münster: Fire hazard can endanger the lives of others
Münster (jur). If nursing home residents, despite the smoking ban in their room, persistently persistently come to the cigarette, they can be terminated because of the existing fire hazard and the endangerment of other residents of Heimplatz. The district court of Münster has ruled in a recently published ruling of 12 December 2016 (Ref .: 02 O 114/16).

This means that a nursing home resident requiring care needs to vacate his or her home room and look for a new place to stay. After the man under care had suffered a stroke, he lives since November 2009 in the old people's home. As a heavy smoker, he used his cigarette in his home room again and again.

However, the man had a habit of throwing the cigarette butts in the trash. It then came several times to smoldering fires. Even as the nurse put a glass of water in there for the glow sticks, the cigarette butts ended up in the wastebasket.

When it came another smoldering fire and the smoke alarm struck, the home management pronounced a smoking ban in the room. The man could smoke his cigarettes outside on the terrace. If he does not stick to the smoking ban, he must expect the termination of the home contract.

The smoker did not take the threat seriously and again threw glowing cigarette butts in the trash.

When the dismissal of Heimplatz followed, the carer moved to court for the resident. There are no adequate home places available for him in the village. The man was also culpably limited in his thinking ability and did not act culpably.

However, the district court confirmed the termination of the home contract. The fact that the smoker attacks the cigarette despite smoking ban in his room is an "important reason" for the termination. Because the home operator is also obliged to protect the other residents from danger. Here threaten because of the behavior of the resident a fire danger, so that others are at risk life and limb.

The home operator has repeatedly pointed the passionate smoker on the dangers, when the glow sticks end up in the trash. This the resident also understood, but did not stick to it.

The supervisor's argument that the man had not acted culpably did not follow the Münster judges. However, even if this is assumed, the dismissal would have been justified because of the gravity and frequency of the violations, the district court. The home operator should not be expected to constantly monitor the smoker. fle / mwo