Use of the toilet in stores
June 18, 2009 | 25,00 EUR | answered by Dr. Lars Nozar
My wife suffers from fecal incontinence due to illness, including multiple intestinal surgeries, which makes it difficult for her to control her bowel movements. This often leads to the problem that she needs to use the restroom while shopping, and it needs to be immediate, as otherwise she may have an accident.
Unfortunately, she often receives the dismissive response that there is no customer restroom available. It is only after urgently pleading, with a flushed face, explaining that she will have an accident otherwise, that she is reluctantly allowed to use the restroom.
Is there a law that can compel businesses to allow the use of their restroom facilities? Can this be done with a doctor's note or something similar?
Hello, unfortunately no. The right of domicile takes precedence in your case - unfortunately. The store owner / their employees are not obligated to let your wife use the toilet.
There is not even a case of the so-called failure to render assistance according to § 323 c of the German Criminal Code (see Bay NJW 53, 556 as well as the commentary on this).
Therefore, they can only hope for the goodwill of their fellow citizens.
The situation is different only if a "normal" condition suddenly worsens.
However, this cannot be assumed in this case due to the underlying condition. The sudden need for a restroom visit is rather foreseeable, so a judge would recommend the use of appropriate diapers from elderly care.
Unfortunately, I cannot provide you with a better answer.
Best regards.
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