Where do municipalities have to grit in icy conditions? Who pays if I slip on the road? And what obligations do tenants have? We answer the most important questions about the cold season!
When the snow outside makes everything look white and wintry, it may look beautiful - but winter with its ice and freezing temperatures also brings with it a whole host of obligations. It's good to know the most important rulings ...
Who has to clear snow from the sidewalks in front of the house?
The landlord or owner is responsible for clearing the pavements in winter. Even if they have delegated the gritting or sweeping to the tenants, they remain jointly responsible and must monitor whether the tenants are fulfilling their obligations properly. OLG Cologne, Ref.: 19 U 37/95, OLG Dresden,
Ref.: 7 U 905/96
The landlord can oblige the tenants to take it in turns to clear snow by means of a rental agreement. A subsequent amendment to the tenancy agreement or the house rules without the tenant's consent is not possible. And a customary law according to which tenants or always the first floor tenants must clear snow is also not legal. OLG Frankfurt,Ref.: 16 U 123/87, LG Stuttgart, Ref.: 5 S 210/87
Do I really have to clear snow from 6 a.m.?
When snow has to be cleared depends primarily on the local street cleaning regulations. As a rule, however, winter duties begin with the start of morning traffic, i.e. from 7 a.m., and end at around 8 p.m. OLG Düsseldorf, Ref.: 24 U 143/99
How warm must the landlord set the heating?
This varies from room to room. But in general, the judges are largely in agreement that temperatures of at least 22 degrees must be maintained in living spaces during the day. However, not around the clock, but only from 6 am to 11 pm. If the temperature drops at night, 18 degrees is sufficient during this time. LG Berlin, Ref.: 64 S 266/97
When do I have to bring my boss a sick note?
The boss can demand a sick note even for a single day of absence. If he does not do this, the following applies: A corresponding certificate from a doctor must be presented on the fourth day of illness at the latest. LAG Cologne, Ref.: 3 Sa 597/11
Does the insurance pay if I have an accident with summer tires?
No. If you are driving in winter road conditions, you even risk losing your insurance cover! Although the insurance pays for damage to other people's property, it does not pay for damage to your own car. OLG Frankfurt/M., Ref.: 3 U 186/02
Do municipalities have to grit every public parking lot?
No, they do not have to. There is only an obligation to grit if it is a busy parking lot or a place where drivers cannot reach the gritted sidewalk with just a few steps. LG Bielefeld, Ref.: 8 O 225/05
Can I report a driver who splashes me?
No. Drivers are not obliged to drive slowly through puddles in urban areas in order to protect pedestrians. According to the judges, braking maneuvers in front of puddles of water pose too great a risk of accidents - and constant walking speed in city traffic is too great an obstruction to traffic. LG Itzehoe, Ref.: 1 S 186/10
What if I slip in public buildings?
Anyone who slips on slush brought in and injures themselves cannot hold anyone responsible. The landlord fulfills his duty by laying out a doormat. LG Coburg, Ref.: 12 O 839/04
Who is liable if I fall on grit with my bike?
Nobody. Judges ruled that municipalities do not have to sweep away grit before the end of April. Munich Regional Court, Ref.: 26 O 19348/05
What can I do if the flight is canceled due to snow?
Not much. If you book a flight in winter, you have to reckon with weather-related flight cancellations. Even if an airport is closed due to snow, passengers are not entitled to compensation. However, the tour operator must reimburse the travel price pro rata for the duration of the delay. Rostock District Court, Ref.: 47 C 240/10
Will I get money back if there is no snow at the ski resort?
No. As a rule, you will have to pay the full price of your holiday despite having to cancel your skiing days due to a lack of snow. This is because the green slope is part of the "general risk of life" - an exception only applies if the resort was specifically advertised as snow-sure. Regional Court Frankfurt, Ref.: 2 24 S 480/89
What can I do if the ski lift is out of order?
If the gondola lift is not in operation on most days of your vacation, you can cancel your trip free of charge. This applies at least if the ski lift is advertised in the travel catalog. Münster District Court, Ref.: 59 C 2377/03
Be careful when sledging
As fun as tobogganing is, if you lose control of your vehicle, you cannot hold the manufacturer responsible. Traunstein Regional Court, Ref.: 6 O1173/05
Winter decorations allowed
Fairy lights and decorations on and in front of the house are allowed - even if the landlord doesn't like it. It just has to be installed safely. LG Berlin, Ref.: 65 S90/09
Who pays for the damage?
In front of the house: If you slip on a slippery sidewalk, the landlord can be held responsible. This is because they have a duty to clear and grit. Important: If the owner transfers this duty to the tenants, they must also bear their share of the responsibility. In general, the liability insurance of the responsible party applies in the event of damage.
In the house entrance: Homeowners must also ensure a safe access area. They must ensure that doormats laid out do not become a dangerous tripping hazard.
In the park: If a walk in a public park turns into a slippery slope, the local authority is liable for any damage. However, many public paths are marked with signs such as "Use at your own risk". In such cases, you are responsible for your own accident.
Within your own four walls: A water pipe bursts due to the cold? Such damage may be covered by homeowners' insurance. However, the tenant has a duty of care. They are in breach of this, for example, if they do not leave the heating on at a low setting when they are away to prevent freezing.
At bus and train stops: Anyone who slips and injures themselves there can claim compensation from the respective transport company. They are obliged to keep their stops free of snow and ice.
In the event of roof avalanches: If a car is damaged by an avalanche falling from the roof of a house, the homeowner is liable if they have not put up a warning sign.
On the car: If roof tiles hit the car in a winter storm, the partially comprehensive insurance will apply. The prerequisite for recognizing such storm damage is that the wind force was at least 8 at the time of the damage. If necessary, this must be proven with specific information from the weather office.
Further information on the net:
- www.frag-einen-anwalt.de
- www.123recht.net