When the first flakes fall, the annoying snow shoveling begins for many. But do I have to do that even if I just put up a sign saying “No winter service”?
Lawyer Christian Wiebelt (51), specialist lawyer for tenancy and property rights and specialist lawyer for labor law:
“Yes, you have to, otherwise you will be liable. Because legally, the erection of such a sign does nothing. The winter service – i.e. in particular clearing snow and gritting property areas – is part of the owner’s duty to maintain safety. This is usually regulated in more detail by the municipalities by ordinance. Incidentally, if the obliged entity transfers the tasks to a third party, it must carefully monitor the execution of the work.
Even if the traffic safety obligation is regulated by the municipalities by ordinance, it is part of a general legal concept.
According to the Federal Court of Justice, everyone who opens up or allows a danger to ensure that other people are not harmed, that is, they must take precautions to prevent the damage resulting from a source of danger.
For precisely these reasons, compliance with the winter service is not at the disposal of the owner. “
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