If you wanted to clear the snow this morning, you often had to find your way through the snowdrift in front of the front door. And shoveling snow replaced morning exercise with the thick blanket of snow that had accumulated overnight. But depending on the statutes, according to the owners’ association Haus und Grund, every owner is obliged to clear the sidewalks from 7 or 8 a.m. and that until 8 p.m.
Litter obligation transferred to tenants
With the heavy snowfall on the weekend, a major task has come up for the house and property owners: They are obliged to clear the sidewalks and sidewalks. The owners’ association Haus & Grund Dortmund points this out. “Although the obligation to clear snow is basically a matter for the city, it has transferred its legal obligation through the street cleaning statute to the owners of the land on the street,” explains Managing Director Dr. Thomas Bach the legal situation. In most cases, on the other hand, the tenant has assumed the obligation to clear snow and grit through a provision in the rental agreement.
Strict requirements of the courts
The courts set rather strict requirements for snow removal. “If a tenant does not comply with his duty to litter and if there is an accident in which people are injured due to slippery snow and ice on the sidewalk, the tenant can expose himself to criminal prosecution for negligent bodily harm in addition to claims for damages,” explains Dr. Bach and refers to the following overview of litter and snow removal obligations in Dortmund:
Keep a strip free of snow and ice
The extent of the litter obligation depends on what is required for safe use of the sidewalk. It is not necessary that the entire width of the sidewalk between the house wall and the curb is spread. It is sufficient if a strip is kept free of snow and ice, which allows two pedestrians to carefully pass each other. The Dortmund street cleaning statutes expressly stipulate that sidewalks must be cleared of snow with a width of 1.50 meters. If there is no sidewalk, the roadsides with a width of 1.50 meters are considered to be sidewalks.
When does it have to be evacuated?
The litter obligation arises when the surface of the sidewalk becomes so slippery as a result of the winter weather that it creates a danger for pedestrians. As a rule, spreading must be started in good time to protect the main occupational traffic that precedes general day-to-day traffic. The street cleaning statute requires snow and ice to be removed from 7 a.m. to 8 p.m. in the evening. In principle, there is therefore no obligation to litter at night. However, the residents are not obliged to take preventive safety measures against only a possible threat of icing or slipperiness.
Obligation to clear in permanent snow
If the weather conditions require it, it is even necessary to spread several times a day. However, the obligation does not apply as an exception if, due to heavy snowfall or freezing rain, the spreading no longer has any influence on the removal of the black ice and is therefore pointless.
Transfer of the evacuation obligation
A resident can also transfer their obligation to clear snow to a third party, for example to a service company, if the city has expressly consented to this on request. Then the person living on the street is no longer liable, but the third party. However, they must then also have their own liability insurance. It is different with the snow removal obligation usually transferred to the tenant in the context of a tenancy. Here the homeowner remains liable, but has a monitoring obligation towards his tenants.
Replacement in old age and illness
If the tenant is unable to carry out the winter service due to age or illness, he must ensure in good time that it is carried out by another person. At least that is how the vast majority of case law sees it. For example, the Flensburg Regional Court has sentenced a tenant who is 50 percent severely disabled and has a pacemaker to comply with his contractual obligation to clear snow. The court was of the opinion that the tenant may have to provide a replacement, even if he has to pay her (November 20, 1986, AZ 1 S 23/86). The same also applies to those who are prevented from doing so during the day for work or vacation reasons.
Scatter dull fabrics
The street cleaning statute also regulates that only dulling substances may be used as grit, thawing stones and if there is an accident due to slippery snow and ice on the sidewalk in which people injure themselves, the tenant can claim damages and criminal prosecution for negligent behavior Subject to bodily harm, “explains Dr. Bach and refers to the following overview of the obligation to litter and clear snow in Dortmund:
Tips from insurers
In large parts of North Rhine-Westphalia, extreme weather has led to freezing rain, snowfall and dangerous slipperiness. If there is an accident because the person liable to litter has failed, the issue is compensation. This can affect the owner or the tenant, the caretaker or someone else who was entrusted with the road safety obligation. The range of damages is wide: it ranges from cleaning a dirty coat to a lifelong pension.
Liability insurance required
“Then the private liability insurances of the evacuated persons are required. They first look at the time of the accident and what the respective local statutes mean”, reports Bodo Temme, spokesman for the Dortmund / Unna district in the Federal Association of German Insurance Merchants (BVK). “Then you want to know whether the insured person is at fault. If so, the insurance pays for him, if not, it fends off the claim of an injured party. “
Empty the outside of the water pipes
An often underestimated side effect of the sudden onset of sub-zero temperatures is also frozen and cracked water pipes in unheated and vacant gazebos, sheds, etc. In the cold period of the year, the residential building and household contents insurance in apartments or houses that are not constantly used require that the external water pipes or theirs be shut off protective internal ventilation. “If the insurance companies find indifference and inaction on the part of the house owner as a” breach of duty “, they can reduce the payment,” emphasizes Temme.
Not deicing windows is negligent
Even drivers should now be more careful because the risk of accidents increases on slippery roads. In addition, the car windows should be free of ice before starting the journey to allow a clear view. If an accident happens due to limited visibility, the motor vehicle insurers can consider this to be gross negligence and limit their compensation.
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