Who is liable for injuries on icy paths?

Especially in southern Germany, Mother Holle has already dumped large amounts of snow this year, causing chaos and accidents on roads and paths. In Munich in 2018, a tenant took his case all the way to the Federal Court of Justice (BGH) because he had sustained an injury on the sidewalk in front of his building. But can the landlord be held liable for such damages?

As a general rule: If a pedestrian falls due to ice and snow in front of the house, he can claim compensation for damages and pain and suffering.

And the landlord is obligated to ensure access to the rental property, confirmed the Federal Court of Justice (BGH) (§535 para. 1). However, the owner's obligation ends at the property line, unless the municipality has transferred the snow removal and salting obligation to the owner. Therefore, every property owner should check whether a local ordinance has assigned them the winter maintenance responsibility for the street area in front of their house.

In this particular case, the city was obligated to clear the sidewalk and had contracted a winter service, which had cleared and gritted it several times – but not across its entire width. The strip up to the threshold of the house bordering the sidewalk was also not cleared of snow and ice.

The tenant, who had fallen and broken his ankle, believed the landlord was liable and sued him for damages of nearly €4,300 plus interest. The Federal Court of Justice (BGH) dismissed the tenant's claim for damages, pointing out that the landlord is only liable beyond the property line if exceptional circumstances exist.

In this case, however, it was deemed reasonable for the tenant to cross the narrow, uncleared strip of the sidewalk "with due caution" (Judgment of February 21, 2018, Case No.: VIII ZR 255/16). The judges also stated that the fact that the City of Munich had only cleared the sidewalk in the middle, over an area approximately 1.20 meters wide, was permissible and sufficient.

The general legal situation regarding snow removal and salting obligations in brief:

By law, the city or municipality is responsible for winter maintenance on public streets, sidewalks, and footpaths. Through local regulations, it can transfer this responsibility to the adjacent property owners. The owners, in turn, can pass this unpopular winter maintenance obligation on to their tenants, but this must be explicitly stipulated in the lease agreement.

The paths from the building entrance to the public street, as well as the paths from the front door to the garbage cans and to the parking spaces on the property, must be cleared. Residents of an apartment building are required to take turns clearing snow in a set order. The landlord must provide the necessary equipment and materials.

Landlords have a duty to monitor tenants

Furthermore, the landlord must check that snow and ice have been properly cleared and gritted, and this should be done two to three times a week: “The Higher Regional Court of Hamm has ruled that a monthly check is not sufficient,” explains Julia Wagner from the property owners' association Haus & Grund Deutschland. If the landlord fails to check, they are liable for any damages should someone fall.

Snow removal is required on weekdays from 7 a.m. to 8 p.m., and on Sundays and public holidays from 8 a.m. According to a ruling by the Federal Court of Justice (BGH), snow removal and gritting must be carried out several times a day during heavy snowfall (Case No.: VI ZR 49/83), and in icy conditions, there is an immediate obligation to grit or salt.

If a tenant is unable to fulfill their snow removal obligation due to vacation or illness, they must arrange for a replacement. Otherwise, in the event of damage, the tenant could be held liable. Sand, grit, or gravel may be used for spreading snow and ice – salt should not be used due to its environmental impact.

Sources: juris.bundesgerichtshof.de, haufe.de, hausundgrund.de, mieterbund.de, deutschehandwerks-zeitung.de, augburger-allgemeine.de