Slippery thing
§ A parking area belonging to a store does not have to be completely ice-free. The owner only has to ensure a path to the store. It is also okay if some steps have to be taken over slippery surfaces. This has already been decided in the case of a bakery, and a new ruling in a case in which a businessman slipped in front of a hotel ended the same way: those who were injured will not receive compensation. A complete evacuation is not necessary.
Koblenz Higher Regional Court, case no.: 5 U 582/12 and Berlin Court of Appeal, case no.: 4 U 113/15

Cold feet despite winter shoes
§ That's not even possible. You buy winter shoes, warm thanks to the lining and waterproof thanks to the Goretex membrane, and - crap - you still have cold feet. That's what happened to a man who had spent 145 euros on winter shoes. He went into the store and demanded a refund. The owner refused and the whole thing ended up in court. But even there, the man came away empty-handed. After all, the shoes had no material defect and had to be suitable for an average winter. If it was colder than usual - bad luck.
Düsseldorf District Court, Ref.: 45 C 9929/11

Annoying, but important: scratching
§ Ice covers the car windshield. That means scraping. Anyone who is too lazy and only clears a small peephole on the windshield is endangering themselves and others. Which also means: the police can demand a fine of ten euros. However, this does not apply if the rear window is frozen shut but both wing mirrors are clear.
OLG Karlsruhe, Ref.: 3 Ss 12/86

Winter tires provide double protection
§ Drivers who do not use winter tires, so-called M&S tires, in snowy, slushy and icy conditions are liable to a fine. In addition, drivers who drive on summer tires and cause an accident forfeit their insurance cover. Even if he has fitted snow chains.
OLG Frankfurt a. M., Ref.: 3 U 186/02

Watch out, snowball
§ Snowball fights are great - in the garden, at school, everywhere. But they can also be a real pain in the neck. A pupil had to experience this for himself in the truest sense of the word: A snowball landed in his left eye. The accident insurer subsequently wanted the money for the treatment back from the thrower - but was not granted justice.
BGH, Ref.: VI ZR 212/07

Skiing and tobogganing well
§ Sledging and getting on skis is great fun for children. However, the older and more experienced a child is at skiing, the more likely they are to be liable for any damage they cause. For example, a 12-year-old was hurtling down the slope, but did not follow the FIS rules and crashed into another skier, who was injured. The child was liable.
Ravensburg Regional Court, Ref.: 2 O 392/06

Road clear, but paint scratched
§ When there is ice and snow, the snow clearing vehicles are on the road again. If such a winter service throws up ice when clearing the road, this can cause scratches on parked cars. You can then claim compensation. This is because the snow clearing vehicles should adjust their speed.
OLG Koblenz, Ref.: 12 U 95/12

All about living & working

The big shiver
§ If the heating fails in a rented apartment in the winter cold, the rent can be reduced. The courts decide on a case-by-case basis to what extent this is possible. As a rule, however, if the heating system fails completely and the apartment becomes uninhabitable as a result, you do not have to pay any rent at all. If only radiators in individual rooms are not working, the payment may be reduced by half.
LG Berlin, Ref.: 65 S 70/92 and 6 S 396/81

Trimming trees in winter?
§ Anyone who has rented a house or apartment with a garden must take care of the maintenance of the green space. No question about it. Weeding, raking leaves, mowing the lawn - it's all the tenant's responsibility. However, cutting trees and shrubs in winter is excluded. This is the landlord's responsibility.
AG Würzburg, Ref.: 13 C 779/17

Attention, avalanche
§ When it's really white from the sky again, and for several days in a row, the snow masses accumulate on the roofs. Homeowners should then warn of avalanches to be on the safe side. In the case in question, a man had parked his car in front of a house. The snow slid off the roof and landed on the car roof. 6,000 euros worth of damage. The car owner wanted to be reimbursed for the costs, but was only partially successful. The homeowner should have either installed a snow guard or warned with a sign. But the driver could have expected this.
Magdeburg Regional Court, Ref.: 5 O 833/10

Black ice: late for work
§ Push aside the curtains in the morning and get a big fright: The city is covered in snow. Great! If you're late for work, there really is a reason. That's what happened to a miner many years ago, and the ruling is still valid today. However, if you are repeatedly late because of snow or black ice, you risk a warning and ultimately even dismissal. This is because if the snow has been lying for some time, it is part of the travel risk, meaning that the employee must plan for it.
BAG, Ref.: 5 AZR 283/80

Off to the station
§ Do you also take the train to work in the morning? Then you should know: Deutsche Bahn itself is liable for clearing the station, even if it commissions a winter service to do so. By selling tickets, Deutsche Bahn undertakes to ensure a safe route to the trains. A slippery platform is not an option.
BGH, Ref.: X ZR 59/11