Winter maintenance and falls: Who is liable

If you leave the house too late on a winter morning and have to run to the bus, you shouldn't be surprised if you fall on your face. Public authorities are unlikely to be liable in this case. The same applies to car drivers: anyone driving at high speed in snowy conditions and without winter tires is responsible in the event of an accident.

Liability for accidents on private property

For the maintenance of private land is required in accordance with OR the respective owner is responsible. If maintenance is not ensured, the owner is liable for any resulting damage. But here, too, liability can be put into perspective. For example, if the letter carrier slips on a private property around noon, this can be blamed on the owner. If the incident occurs at 6 a.m., the owner probably cannot be held liable. However, the civil court at the respective location of the accident always decides on the specific case.

With the right preparation and a well-planned winter service, home maintenance managers can save their fellow citizens from painful experiences. That's why maintenance managers and municipalities should prepare for winter early.

Tips for housekeeping managers

• Keep track of weather forecasts and develop an alarm system (e.g., notification point at the janitor's office or at the reception desk).
• Make more patrols of your area. Stairs and ramps are particularly dangerous in winter.
• Create a priority list for snow removal and define the tasks and responsibilities of all parties involved.
• Ask residents and users of the property to notify you of any security breaches.
• Plan snow depots so that meltwater can drain away easily (e.g., near gullies).
• Remove leaves from paths. In combination with wetness and frost, this forms insidious slip traps.
• Clear the roofs of snow and ice so that avalanches and icicles do not occur.