Access to the house and the sidewalk must be freed from the white splendor so that passers-by do not slip on it and injure themselves. But what about the parking lots on the property?
If it snows, owners have special duties: They have to clear sidewalks that border their property and take care of parking lots that belong to the property.
However, the requirements for this snow removal obligations are less stringent. So, owners don’t have to clear the entire snow and ice from the parking lot.
In snow and ice, property owners must prevent falls of passers-by, tenants, postmen, etc., on their property. Lower requirements apply in parking lots than on sidewalks. An accident on the part of a parking lot that is not scattered or cleared does not trigger a claim for damages if there were safe paths that could have been used.
In principle, public and private parking space operators are obliged to do snow removal services. Your obligation to clear and stray sets a specific hazard, i.e., danger from smoothing or snow plating ahead. But even then, the obligation to clear is not comprehensive.
The Winter Clearance and Spreading Obligation Have a Limit
In a typical case, a plaintiff was on the go with her e-bike in winter weather to deliver mail. To do this, she drove into one parking space that was visibly smooth and not cleared. The woman lost balance on the icy surface and fell. She injured herself on the coccyx, pelvis, and knees. It was also due to the accident that they could not work for four weeks.
When Smooth Spots in The Parking Lot Are Not Cleared
The woman brought her case to court. She justified her complaint by saying that the defendant had his traffic obligation violated. He did not vacate the smooth spots on the parking lot and did not scatter them. Overall, the overthrown cyclist asked the defendant for $1000.
General Requirements for Property Owners in Snow and Ice
Every owner of a property has to ensure the following in winter conditions:
- The publicly accessible area of a property must be freed from snow and ice.
- He also has to for the Possibility of the property to care.
How Winter Service Differs from Sidewalks in Parking Lots
But there are different strict requirements for the necessary winter service, depending on the area of the property:
- In principle, stricter traffic requirements apply than in parking lots.
- Parking spaces do not have to be completely cleared.
- In parking lots, it is sufficient if the owner is for one secure access to the parked vehicles.
After taking evidence, the court concluded that the defendant had not violated his obligation to communicate. Reason: the parking lot was not completely icy. It also has safe ways to park vehicles. Specifically, the bicycle driver should have descended and pushed her loaded bicycle forward in the smooth places.
Compulsory Spreading of The Parking Lots for Traffic-Related Areas
In general, the obligation to spread a parking lot is limited to the traffic-related areas and includes, e.g., no obligation to scatter and vacate the individual parking bays. The safe way to exit the parking lot can also be the road for motor vehicles. Straight connections to different destinations do not have to be guaranteed, and it can be acceptable to take a few steps back on unpaved and not scattered terrain before reaching more traffic-like areas.
Pre-Reservation of Reasonableness
In principle, this obligation to communicate also has the precondition of reasonableness. This can result in the obligation to spread in a private parking space of small size and traffic importance. Here the landlord can expect the parking lot users to ensure their safety. The parking lot user expects to pay attention to the nature of the parking area and avoid individual, even dangerous, areas. Therefore, the person liable to transport is not liable if the parking lot user only has to walk a few steps on an icy surface.