Snow and ice are on the agenda this weekend, and especially this Saturday, in many regions of France including Île-de-France. Weather that increases the risk of traffic accidents and pedestrian falls. With one question: if there is a problem in front of your house due to slippery sidewalks due to the cold, who is responsible?
To answer this question, you have to ask… city hall. In fact, he is the one who decides the responsibility for maintaining the sidewalk. More precisely, if the City Government has issued an order, then the owner is the one who manages the part of the sidewalk in front of his residence or in front of his door. If there is no order, responsibility lies with city hall.
In the case of Paris, for example, local residents had to clean, clear snow and de-ice the sidewalks in front of their homes. If this is not done, they will be subject to an administrative fine (generally around 135 euros) and may incur civil liability in the event of an accident.
Suitable for negligence in case of accident?
Another thing that needs to be explained: what is meant by sidewalk maintenance? The text specifies that the owner is responsible for melting ice, removing snow, or even removing leaves from the sidewalk in front of his or her home. If he neglects to do so and an accident occurs, then he can be sued for negligence.
Therefore, if an accident occurs due to frost on the sidewalk in front of the house and it is proven that the owner did not take the measures expected to keep the public highway safe, he can be held responsible for his negligence. This was not an intentional mistake, but a lack of attention or precaution. And city hall could also be held responsible.
Concretely, the owner must clear or maintain a path of at least one meter wide on the sidewalk so that pedestrians can move freely and safely without the risk of falling due to frost or buildup.
If you are a renter, look at your lease
Courts have punished negligent owners. In 2019, in Amiens (Somme), a local resident who had not cleared the snow from the sidewalk in front of his house, was ordered to compensate pedestrians who were victims of a fall. Civil reparations include reimbursement of medical expenses and compensation for losses suffered.
What about buildings? Well, it’s the same. Except that the responsibility is more diluted because it is in the hands of all the joint owners through the trustee. Costs associated with sidewalk maintenance, often carried out by private companies, are shared by the sidewalk owner. As is liability if an accident occurs due to lack of adequate maintenance.
Finally, to complete this point, there is one more thing to know: who, the owner or the occupying tenant, is responsible? Again, it is the text that defines it. Rent in this case. Indeed, this can clearly indicate whether routine maintenance of the sidewalk (such as sweeping, salting in winter) is the responsibility of the tenant or the owner.
This clarification helps avoid disputes if problems or accidents occur. In the absence of a clear clause, case law often tends to place primary responsibility on the landlord, unless there is a specific municipal obligation that imposes that duty on the tenant.
