The beautiful autumn colours in nature invite us to go for a walk. However, the colours of the trees are also a signal for homeowners and tenants. Now is the time to get your broom ready and clear the paths of leaves so that no one gets hurt.
In principle, local authorities are responsible for clearing leaves from roads and paths. However, they can transfer this duty of care to residents by statute. In this case, property owners must ensure that the entrance area and adjacent footpaths and cycle paths are safe to use. The owners can in turn transfer the duty to sweep leaves to service providers, caretakers or tenants. The latter are often assigned this duty in their tenancy agreement. Landlords must monitor whether the paths are actually being cleared.
There is no fixed rule as to how often the pavements must be cleared of leaves. The clearing obligation is based on the guidelines for snow clearance services. This is generally between 7:00 a.m. and 8:00 p.m. on weekdays and between 9:00 a.m. and 8:00 p.m. on Sundays and public holidays. If the clearing obligation is not complied with and an accident occurs, the injured party can claim damages. However, there is also a duty to ensure one's own safety, as everyone must expect dangers from leaves in autumn.
Courts have ruled on what is reasonable and sufficient. According to these rulings, it is not sufficient to sweep at predetermined intervals. If there are more leaves than usual, the duty to ensure public safety must also be fulfilled outside the usual working hours of a service provider, if necessary.
For example, the Coburg Regional Court ruled that there is no claim for damages if the leaves were removed regularly and the pedestrian was partly to blame for the accident.
Personal liability insurance covers damage to owner-occupied single-family homes and tenants' homes. For rented properties or apartment buildings, the building and landowner's liability insurance is responsible.
Photo: © Annette Meyer, Pixabay
