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Ice, icicles, roof avalanches – for which owners are liable

Some of the must earlier in the morning from the bed to the house entrance, to dig, and would like to waive the white winter splendour. The snow shovels and the salt is the way for the own car or Bicycle, it is also a duty. "A house owner is liable if the mailman or other third persons slipping on the private road and have accidents", says Thomas Swiss, lawyer institution in the case of the Suva (Swiss insurance).

the owner has the liability for the bonds provides for the right of way, and the Federal court has confirmed the judgment. Even if snow falls down from the roof and hurt someone, the liability of the owner. He will have to guard against this risk, for example, with roof installations or to ensure that the snow is safely removed.

Also, tenants can be required for snow clearance.

The liability applies only if the snow removal is neglected in a grossly negligent manner. Duty is only what is reasonable. There is room for interpretation. "In the case of heavy snow fall in the night cannot be expected, that at 6 am the snow is cleared away," explained the Swiss. As a Guideline, the following applies: Between 7 and 21, at should not be free access or walk to the house of snow and ice unless it is snowing during the day. Secure access to the house should be wide enough to allow two people to easily pass each other.

pictures: snow in Disentis to a standstill

In the home of the owners for the snow removal is responsible. In the case of multi-family homes in principle. However, in the lease or house rules, tenants can be required. This is not the case, maintenance is usually a house and / or external specialists with the Work commissioned. With the continued icy or snowy driveway because the tenant can make a defect claim and a rent reduction request. For more information about the tenants ' Association or the competent Rental Desk issued.

As the Swiss Mobiliar confirmed, almost all of the house owners and home owners building insurance. For a detached house with a family of four this cost for the furnishings, almost 130 Swiss francs in the year. It covers damage to persons and property arising as a result of a factory defect or a lack of maintenance.

so, If the Postman has an accident because of black ice on the private driveway, normally pays in a first step, Suva cost of the healing. In a second step, you can recourse to the buildings insurance of the property owner. In such cases, as mentioned above, some room for interpretation, and the insurance companies mostly to each other, an amount, such as Thomas Swiss carried out by the Suva.

cyclists must liable require

On public sidewalks and streets generally in the state when it comes due to ice or snow accidents. But here it is more difficult, a liability, as Thomas Swiss explained. In particular, in the case of heavy snowfall, a municipality can not be expected, every road section continuously to get rid of snow and ice.

in Addition, municipalities would have to comply with, for example, environmental requirements, and a moderate their salt would prescribe emphasizes Daniel Eberhard, a spokesman for the Department of waste management and Recycling the city of Zurich. He also outlines the boundaries. 200 on-call employees may be used in Zürich, in case of snow in the short term, last week 120 vehicles for snow clearing and de-icing on-the-go were in the city. Nevertheless, there were still a number of sections with increased danger of Slipping.

As in the case of a large road network in municipalities not everything is possible, refers to Daniel Eberhard on the responsibility drivers have to install winter tires, cyclists should ride in poor conditions on public transport, and pedestrian good shoes to wear. (Editorial Tamedia)

Created: 14.01.2019, 20:01 PM

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