Sidewalk must be clear: who has to remove the leaves?

Colorful foliage looks beautiful.

Sidewalk must be clear: who has to remove the leaves?

Colorful foliage looks beautiful. Nevertheless, if in doubt, it must be removed quickly. Because otherwise it could get slippery on the sidewalk. Who is responsible for this and what applies to the neighbor's trees.

When the tree in front of your own property sheds leaves every minute, residents can start sweating in autumn. Because they are responsible for the safe use of the sidewalk - i.e. also for removing the slippery autumn leaves. Traffic safety obligation is the keyword. Those who do not comply with their duty can pay dearly if a passer-by falls.

"The injured party can demand compensation or compensation for pain and suffering," says Roland Stecher from the Bremen consumer advice center. As a rule, the owner in front of whose property the sidewalk is located is held liable.

But tenants can also be obliged to keep adjacent sidewalks free of leaves and hazards. Namely, when owners transfer the clearing and gritting obligation to their tenants by means of an addition in the rental agreement. If the owner commissions a company to clear the sidewalk, the obligation to ensure traffic safety lies with the company.

The general rule is that sidewalks must be safe to pass between 7 a.m. and 8 p.m. on weekdays and between 9 a.m. and 8 p.m. on weekends. However, more recent case law deviates from this rule. The district court of Berlin ruled in 2005 (Az.: 13 O 192/03) that it is sufficient to remove the autumn leaves every six days. Consumer advocate Stecher recommends sweeping the paths every day if necessary - to protect others.

Caution: Leaves should not simply be swept from the sidewalk onto the street if this would endanger traffic safety. Even in the next forest, gully or gutter, the green stuff has no place. Instead, the leaves should be put in the organic waste bin, on your own compost heap or at the nearest landfill.

Owners of properties they use themselves and tenants can protect themselves against claims if they neglect their duty to clear their premises by taking out personal liability insurance. If you rent your property, you need homeowners liability insurance.

By the way: The traffic safety obligation applies to paths in front of a house or apartment. However, it does not apply to subordinate byways, for example to back entrances. This is shown by a recent decision (Ref.: 17 W 17/22) by the Higher Regional Court (OLG) in Frankfurt, to which the ADAC refers.

A woman had sued her neighbor for damages after slipping on his property and seriously injuring herself. To get into his house, she used a path behind the building that led to the terrace of the house. The neighbor refused to pay, whereupon the woman wanted to sue and applied for legal aid. The Higher Regional Court rejected the application. According to the judges, there was no chance of success.