The BGH has ruled that a duty to grit during night-time hours only exists if corresponding traffic volume is to be expected. The plaintiff sought to hold the municipality liable for damages and pain and suffering following a black-ice accident that occurred at around 4:30 a.m. on a residential street while she was delivering newspapers. The Landgericht Cottbus dismissed the claim, and the plaintiff's appeal was unsuccessful; leave to appeal was not granted. The plaintiff filed a complaint against the denial of leave to appeal. The BGH rejected this complaint and further stated that the condition of the road could not give rise to the plaintiff's claims, since the accident occurred outside the period during which there is a duty to clear and grit. As a rule, the defendant is not obliged to grit before 6:00 a.m. the following morning in the event of black ice forming overnight. A precautionary duty to grit in order to prevent ice formation at specific locations during the night is only required in exceptional cases, namely when corresponding traffic is to be expected. Individual persons such as newspaper deliverers who are out and about before the general gritting duty begins are generally not sufficient to trigger such an obligation. This is particularly the case as such persons could have adjusted to the weather conditions that had persisted for days.
Frequently asked questions
Frequently asked questions
Does a municipal duty to grit also apply during nighttime hours?
Generally no. According to BGH case law, municipalities are typically only required to grit from around 6:00 a.m. in the event of nighttime ice formation. A preventive duty to grit during nighttime hours exists only as an exception, namely where significant traffic is to be expected at certain locations.
Are newspaper carriers sufficient to establish a nighttime gritting duty?
No. Individual persons such as newspaper carriers who are out before the general gritting duty begins (approximately 6:00 a.m.) do not generate sufficient traffic volume to justify a preventive nighttime gritting duty on the part of the municipality. They must adjust to the prevailing weather conditions themselves.
When is a municipality liable for a black ice accident on a residential street?
A municipality can only be held liable if the accident occurred within the designated clearing and gritting hours and the municipality breached its duty to maintain traffic safety. If the accident happens outside these hours – for example, at 4:30 a.m. – claims for damages and compensation for pain and suffering are generally excluded.
When does the municipality's general gritting duty begin in the morning?
According to settled case law, the general gritting duty regularly begins only at around 6:00 a.m. Before this time, the municipality is generally not obliged to remove ice on residential streets or to apply grit preventively.
When does an exceptional preventive duty to grit apply at night?
A preventive duty to grit at night applies only at particularly dangerous locations and only where significant nighttime traffic must actually be expected. The decisive factor is a concrete hazardous situation, not the mere occasional passage of a few individuals.