Over the last few days, icy conditions and snow have caused quite a few problems on Luxembourgish roads, but pavements have also been the scene of many pedestrian falls. With some parts of public pavements not having been cleared, the question arises as to who is responsible for injuries: the residents of the house along the pavement, or the local authority?
Our colleagues asked lawyer Maître Krieger, whose answer was very clear: Two decrees dating from 1789 and 1790 are still applicable in Luxembourg, which specify that the municipality is the guardian of the pavement and is therefore also responsible in the event of a fall or other incident, despite what may be stated about cleaning.
Local authorities may indeed state in their police regulations that residents must keep their pavements clean and clear, but this does not absolve them of their responsibility. At the same time, Krieger points out that pedestrians have a certain amount of responsibility, too. In order for the local authority to be held liable, the pavement must be in an abnormal condition, which would not be the case if it had just started snowing before the accident, for example.
However, Syvicol does not entirely agree with this. Hesperange alderman Guy Wester is one of the vice-chairmen of Syvicol, and he refers to the Civil Code: If no one is at home in the morning when it starts snowing and no one can clean up until they come back in the evening, that’s normal. But if you don’t clean your pavement for no reason you can also be held responsible, even if there are no police regulations. The Civil Code is very clear, describing the cleaning of pavements as a civic duty to ensure everyone’s safety .
Case law is clear on this issue, and both the local authorities and residents can be held responsible in this specific case: the local authority because it is the guardian of the pavement, and the resident if they have been negligent.
For the Insurance Association (ACA), the victim can also be held liable because, in winter conditions, anyone walking outdoors is aware of the potential risk they run by being in that place.
However, the municipal authorities and the lawyer agree on one point in this case: all road users need to use a little common sense and stay vigilant.
Although the responsibility for clearing pavements may seem to fall on either the residents or the local authorities, the answer lies in historical decrees that still hold weight in Luxembourg. According to lawyer Maître Krieger, two decrees dating back to 1789 and 1790 establish the municipality as the guardian of the pavement, making them responsible in the event of accidents or falls.
While local authorities may impose regulations requiring residents to keep their pavements clean, this does not release them from the overarching responsibility. Pedestrians also shoulder some responsibility, as the local authority can only be held liable if the pavement is in an abnormal condition, rather than simply covered in snow from recent snowfall.
Syvicol, an organization representing local authorities, does not entirely agree with this perspective. Hesperange alderman Guy Wester points to the Civil Code, stating that if residents are unable to clean their pavements due to being away from home during snowfall, it is considered normal. However, neglecting to clean the pavement without a valid reason can make residents liable, even in the absence of police regulations. The Civil Code unequivocally defines the cleaning of pavements as a civic duty to safeguard public safety.
Case law in Luxembourg supports the notion that both local authorities and residents can be held responsible in cases involving injuries on pavements. The municipality bears responsibility as the guardian of the pavement, and residents can be held liable if found to be negligent.
The Insurance Association (ACA) also suggests that victims can be held accountable, reasoning that individuals walking outdoors during winter conditions are aware of the potential risks they may encounter.
Amidst these differing perspectives, both the municipal authorities and the lawyer emphasize the importance of using common sense and staying vigilant for all road users.
It is essential that anyone responsible for clearing pavements understands their obligations to ensure the safety of pedestrians. By adhering to legal and ethical standards, potential accidents and injuries can be minimized during icy and snowy conditions.
