Who is responsible for clearing and salting the pavement in front of the house in wintry conditions? Our RTL colleagues asked around.

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.