During the snowy months, a serious obstacle to the normal and safe movement of pedestrians on municipal streets and sidewalks is the fact that they are not cleared at all, are not cleared regularly, or are not cleared sufficiently well. As a result, people often fall on icy sidewalks or streets, leading to sprains, bruises, and even broken limbs—conditions that cause mental and physical discomfort and, in most cases, serious financial losses for surgery and treatment, as well as lost income due to inability to work.
The principle of fairness prohibits these damages from remaining the responsibility of the injured party, and therefore provides for their compensation. However, who is responsible for injuries sustained as a result of falling on an icy sidewalk?
Case from court practice on awarding compensation for a fall on an icy sidewalk
Lady, injured in a fall on icy sidewalk sentenced the municipality to pay compensation in the amount of 12,000 BGN.
Moving along a very icy uncleared sidewalk, a pedestrian slips and falls, as a result of which she breaks a bone in her leg, accordingly files and wins a lawsuit for compensation for the damages she a20> property damages for treatment, as well as non-property damages – pain and suffering, as a result of the fracture.
Who is responsible for preventing the possibility of falling on an icy sidewalk or street?
The streets and sidewalks, located within the boundaries of populated areas are a7> owned by the respective municipality and it is precisely the municipality, in its capacity as owner, has the obligation to take care of their de-icing by applying various means, among which are mixtures anti – ice, sea salt for roads, technical salt and many others.
In fulfillment of this their obligation, municipalities usually announce public procurement, through which they assign private companies to a13> perform activities related to winter maintenance and cleaning of roadways, sidewalks and stops of public transportation.
A common hypothesis is that the municipality should oblige citizens to maintain and clean the alleys and sidewalks adjacent to their real estate properties (houses, apartment buildings, shops, etc.). In such cases, it has the power to monitor compliance with these obligations and to impose appropriate sanctions when they are not fulfilled.
Who is responsible for the damages suffered as a result of falling on an icy sidewalk or street?
The municipality is responsible for damage caused by falling ice on sidewalks or streets, and this applies to all three of the above scenarios for fulfilling the obligation for winter cleaning and maintenance of roadways, sidewalks, and public transport stops.
This means that if the municipality has undertaken to maintain and clean the streets and sidewalks during the winter season on its own, but a citizen suffers from a fall on an icy sidewalk or street, its liability will be direct and immediate, as there will be unlawful inaction on its part in the presence of a legal obligation to act.
The fact that winter cleaning and maintenance activities are contracted out to a private company that has not carried out the necessary cleaning, sanding, or salting does not change the entity responsible for damages caused by falling on an icy sidewalk or street. This is because, as noted above, the municipality is the owner of the roads and sidewalks within the settlements, as well as the contracting authority for the public procurement contract, and as such, it has the obligation to monitor its implementation. In other words, if a citizen suffers from a fall on an icy sidewalk or street, this will again constitute inaction on the part of the municipality.
IMPORTANT! In such cases, the municipality has the option to terminate the public procurement contract, impose financial penalties for non-performance, and oblige the private company to cease its inaction, but it cannot transfer responsibility to it.
The same applies to cases where the municipality has issued an ordinance requiring citizens to participate in the winter cleaning and maintenance of the sidewalks and streets adjacent to their properties. In this scenario, the municipality will again be liable.
What damages are subject to compensation and how is compensation determined for falling on an icy sidewalk or street?
Falling on an icy sidewalk or street can result in two categories of damage: property damage and non-property damage.
Property damage can be direct losses and/or lost profits. Direct losses occur when the injured party is deprived of funds to pay for treatment (surgery, medication, etc.). Lost profits are when, as a result of the injury, the injured party has failed to obtain funds that they would have received had they not been the victim of a fall on an icy sidewalk or street. Such losses include, for example, remuneration under various civil contracts that the victim was unable to perform as a result of the injury, when it led to such impossibility. Direct losses will also be present in relation to the difference between the remuneration and the amounts received when on sick leave.
Non-pecuniary damages subject to compensation are the pain and suffering endured by the victim, which invariably arise as a result of the injury.
IMPORTANT!!! Immediately after falling on an icy sidewalk or street, the injured person should go to the local forensic medicine service, where they will receive a forensic medical certificate for the injuries sustained. In the case of more serious injuries such as dislocations, sprains, and fractures, it is necessary to call an ambulance or immediately visit the nearest emergency trauma center.
The law does not provide for a uniform amount of compensation to be paid. This issue is decided by the court, following two criteria.
The first concerns determining the amount of property damage. This amount must be proven by the injured party with relevant expense receipts and other documents certifying the amount that he has paid or failed to receive.
The second concerns determining the amount of non-pecuniary damages. This amount is also subject to proof by the injured party. In fact, the type and intensity of the non-pecuniary damages suffered are subject to proof, and in assessing them, the court determines the compensation in accordance with the principles of justice.
Municipality’s liability for damages caused by falling ice on a sidewalk or street – what is the procedure for enforcing it?
Claims for compensation for damages suffered as a result of falling on an icy sidewalk or street are pursued through the courts.
IMPORTANT!!! Effective protection and timely, properly conducted evidence gathering are essential for the successful outcome of the case. Therefore, it is advisable to use the services of a lawyer who has experience in conducting cases seeking compensation for unlawful actions or omissions by municipalities.
__________________________________________________________________________________________________
Interesting cases from the work of our specialists, as well as from our won cases, can be found in the section “News”.
A sole proprietorship law firm has experienced specialists in the field of seeking liability from the state and municipalities for damages caused to citizens by unlawful actions, omissions, and acts of their administrative employees.
Contact:
Working hours: Monday to Friday from 10:00 to 18:00
Address: Sofia, 2 Tri Ushi Str., 3rd floor
Telephone: 0885 47 77 57
email: office@petkovalegal.com
Consultations by telephone and on site at the law office are provided only by previously scheduled appointment.