Every winter the same question comes back: who's liable for clearing the sidewalks and who is liable erstwhile an accident occurs on an icy surface? The answer is not always obvious. Although the primary work lies with the owners of the property, law provides for crucial exceptionsand in addition the municipality may bear compensation liability For deficiency of supervision.
The basic legal instrument governing these issues is Law of 13 September 1996 on the maintenance of cleanliness and order in municipalities.
Responsibility for snowing pavements – what does the bill say?
According to Article 5(1)(4) of the Law on the maintenance of cleanliness and order in municipalitiesthe owners of the property are obliged to:
cleaning mud, snow, ice and another contamination from pavements located along their property.
A sidewalk within the meaning of the Act shall be considered separate part of public road intended for pedestrian traffic, placed directly at the property boundary.
In practice, this means that:
- the work applies to both individuals and traders,
- does not substance that the pavement is owned by the municipality,
- the property owner is liable for its ongoing maintenance during the winter period.
Legislative exception: erstwhile the owner is NOT liable for unlocking the pavement?
The Act provides for very crucial exceptionwhich many owners (and victims) do not know about.
Under the same provision (Article 5(1)(4) of the Act), snow removal work does NOT charge the owner of the propertywhere:
on the pavement a paid halt or parking of motor vehicles is permitted.
What does this mean in practice?
If the pavement:
- is located in paid parking zone, or
- actually has a function paid parking,
This the owner of adjacent property is not obliged to de-snow it.
Who answers in this case?
In this situation responsibility passes to the municipalitywhich:
- arrange a paid parking area,
- charges for stopping fees,
- is liable for surface condition and pedestrian safety.
For compensation practice, this is crucial — claims must be directed straight against the municipalityNot the property owner.
The function of the municipality – supervision of property owners
Even erstwhile the pavement is not a paid parking lot, Municipality is not completely exempt from liability.
The law on the maintenance of cleanliness and order in municipalities requires the municipality to:
- supervising the performance of the property owners’ duties,
- take control action,
- the application of coercive measures (e.g. mandates, administrative decisions).
Failure of the municipality to respond to apparent negligence may consequence in it compensation liability.
Supreme Court Resolution – III CZP 38/17
The work of municipalities is crucial Supreme Court resolution of 24 November 2017, ref. III CZP 38/17.
What did the ultimate Court say?
The ultimate Court clearly indicated that:
- the municipality may be liable for harm caused on a snowy pavement,
- if injury is the consequence inappropriate supervision of the property ownerwho was obliged to remove snow,
- the work of the municipality is of a nature soft (indemnification).
Importantly, the victim:
- can sue the municipality directly,
- does not request to show that the municipality has physically snowed the pavement itself,
- it is adequate to show the deficiency of effective supervision.
After payment of the compensation, the municipality may claim a refund from the owner of the property (so-called regression claim), but does not incriminate the victim.
Responsibility for an accident on an icy pavement – who is responsible?
In summary:
- property owner liable for the unsnowed pavement adjacent to the property,
- Owner NO Answersif the pavement is paid parking,
- the municipality respondswhere:
- the pavement is covered by a paid parking zone,
- did not exercise appropriate supervision of the owner,
- The harm was caused by her omissions.
Summary
The answer to the question, who's liable for clearing the sidewalks, depends on the circumstantial facts. Although the rule is the liability of property owners, law provides for clear exceptionsand the case law of the ultimate Court clearly confirms the anticipation taking work of the municipality.
If you've suffered an injury on an icy pavement or want to determine, who is liable for you – contact ours office. I supply comprehensive legal assistance in matters of compensation.
