Autumn requires residents in Ratingen, Velbert, and Mettmann to pay special attention to their traffic safety obligations. Leaf sweeping and winter maintenance are not only legal obligations, but also serve the safety of everyone. But what exactly does traffic safety obligation mean, and what obligations do residents have?
The duty to maintain safety includes the fundamental obligation to design paths and roads in such a way that they are safe and passable. This applies not only to the removal of snow and ice in winter, but also to the regular removal of leaves in autumn, which is not only an aesthetic task, but above all a safety-related one.
The leaves that accumulate on paths, roads, and sidewalks in autumn can lead to slippery and dangerous situations. In accordance with the duty to maintain safety, property owners are obliged to regularly clear leaves from their sidewalks to prevent accidents. This applies not only to private residences, but also to commercial properties and public paths.
In addition to sweeping leaves, winter maintenance is also very important. Property owners are also responsible for gritting and clearing snow from sidewalks and driveways.
What exactly does the duty to maintain public safety cover?
The duty of care extends to all public paths, including sidewalks and roads, with the aim of keeping them safe and passable. This obligation arises when a person has the opportunity and responsibility to identify and remove potential hazards in order to ensure the safety of passers-by.
When is the duty of care violated?
A breach of the duty of care occurs when hazards such as leaves or snow are not removed in a timely manner, posing a risk to passers-by. Removing wet leaves is therefore just as important in the cold season as removing snow and ice. Neglecting this duty can lead to slipping hazards and even legal consequences.
When must autumn and winter maintenance be carried out and who is responsible?
Autumn and winter maintenance should usually be carried out before the start of rush hour traffic to ensure that the roads are safe and passable. For private households and landlords, the responsibility for traffic safety usually lies with the owner, as they are responsible for safety on their property – unless expressly agreed otherwise in the rental agreement.
Who is liable in the event of a fall?
On private property, the owner is responsible for eliminating potential hazards and thus preventing accidents involving passers-by. If someone is nevertheless injured on such property, the responsibility lies initially with the owner. It is checked whether the owner has fulfilled their obligations to eliminate hazards, as required by the duty to ensure public safety.
Such cases often end up in court. In order to cover financial claims in the event of damage, it is therefore advisable in any case for owners of rental properties to take out special home and property owner liability insurance. For homeowners, private liability insurance usually offers sufficient protection.
Safety is not just a winter issue
Safety is a year-round concern that affects various areas of property. In addition to the winter obligation to clear sidewalks of snow and ice, potential hazards must be eliminated throughout the year: uneven surfaces, protruding stones, or roof problems such as loose tiles and rain gutters. Facades must be regularly checked for falling elements, balconies must not pose a danger to passersby, stairwells require inspections of steps, railings, and lighting, while trees must be regularly checked for stability and broken branches.
Ultimately, it's about raising awareness of these things. Sweeping leaves, clearing snow—these are seemingly small actions, but they have a big impact on safety and well-being within a community.
