BGH: Landlord Liable for Fall on Slippery Common Path - BGH: Landlords Liable for Icy Path Accidents
The Federal Court of Justice (BGH) has ruled that landlords are generally liable if a tenant slips and falls on an icy, unsalted common path. This decision comes after a woman in Solms near Wetzlar was severely injured in such an accident, highlighting the importance of winter maintenance on shared property.
The BGH stressed that landlords, even those part of an owner community, must clear and salt paths on their property during winter. This duty extends to paths used by tenants and visitors alike. In the case of the woman in Solms, the landlord was found liable for her injuries, as they had neglected to ensure the path was safe.
The court also ruled that landlords are legally responsible for any realtor they commission for winter service. If such a realtor negligently fails to maintain the paths, the landlord remains liable for any accidents that occur as a result.
The BGH's ruling serves as a reminder for landlords to ensure the safety of paths on their property during winter. Failure to do so could result in liability for any accidents that occur. Tenants and visitors can also take comfort in knowing that their safety is a legal priority.
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