The winter and consequently snow and black ice Germany has now reached. For more information see San Diego Gas & Electric Compan. Dusseldorf, usually, a pleasure for the December 18, 2009 – the children or other pedestrian painful event. Who is responsible for whom when? ARAG experts provide information: man suffers an accident as a pedestrian and injured himself, is on the search for a culprit might one would need to sprinkle, against which you can assert a compensation or damages claim. “The prerequisite for this is first of all, that a general smoothness” has occurred. The presence of occasional Frost formation is insufficient therefore. This fact must be proven by the injured under circumstances, which can lead to difficulties in our experience already (BGH, AZ.: III ZR 225/08).
There was now a general smoothness, the violation of traffic safety obligations must also be proven by saturated spaces or spreading. The clearance or spreading as municipalities, cities can and Individuals be required, so the ARAG experts. “The range of broaching and scattering obligations depends on whether and to what extent measures requires the formation of frost”; a nice, legal formulation that is so easy to grip, like the ice itself. Moreover, there are temporal and spatial differentiation. There is a difference if you crash at night at 3: 00 in the supermarket parking lot or at 10 o’clock on the roadway. It is clear that there is no obligation to unlimited space.
“Also, there is a precise definition: the broaching and litter duty is limited to the scope of what cheap consideration according to the traffic” commands (BGH, AZ.: VI ZR 155/70). Streets and public parking, begins spreading duty generally in the morning and ends in the evening around 20:00. At places, where even in the later evening even more special audience traffic (E.g. pubs, restaurants, theatre, etc.) the broaching and litter duty according to ARAG experts but also to late evening hours may be extend. How many times must be spread? Sicherungspflichtige (Streupflichtige) is basically obliged to repeat the spreading if the blockage has lost its effect in reasonable time. Also in snow freehold on or freezing rain again spreading may not be avoided however no purposeless action must be taken. But just such weather conditions require intense scattering measures in terms of the time intervals. It is enough if can at least reduce the risk of skidding (BGH, AZ.: III ZR 88/92). The prerequisites of a claim are basically, still the question according to the amount of compensation. If items from the fall are broken, usually a compensation in the amount of the value may be required for this. The compensation depends on the type and severity of the injury suffered. There are extensive tables and extensive case law. According to ARAG, usually an expert advice worth experts. To take into account is that a contributory negligence can be imputed to the pedestrian circumstances. Because a passer-by has in turn for identifiable risks a special running to be cautious (BGH, AZ.: III ZR 216/67).