In Germany, the obligation for snow clearing is regulated differently.
As a rule, it starts at 07:00 am on working days, on Sundays and public holidays at 09:00 am and ends at 08:00 pm. The walkways are free from snow.
After 08:00 pm fallen snow is to vacate until 09:00 am the following day, even if it is still snowing at 09:00 am.
In the time from 09:00 am to 08:00 pm fallen snow is to be cleared within an hour after each completed snowfall.
During this period, unevenness caused by snow has to be removed as often as necessary.
The footpaths are to be kept free for pedestrian traffic in a wide range of snow and ice and to spread with smoothness, which corresponds to the local requirements of public security and order,
as far as possible at least in a width of 1.50 m.
Who is liable for accidents and damage?
Entrants entrusted with the winter service may, on the basis of private agreements, involve third parties.
However, the corresponding company or the corresponding person must be immediately entrusted with
the winter service if the resident sees it as unable to do so.
However, this approach does not alter the area of responsibility.
The renter himself will be taken into account if the winter service is not carried out properly and accidents
The friendly neighbor can therefore take over the winter service at any time,
but is not liable, if nevertheless someone puts on the nose.
Responsibility and liability
The landowner is responsible for the clearance and burying, and the road builder is responsible for public roads.
The clearance and burying-up of public walkways is usually carried out - for example, by municipal statutes -
to the private residents of the road. These often transfer the obligation to the tenants of the land.
In case of culpable negligence, the restitutor may be liable for the consequences of resulting accidents.
This is then referred to as a breach of the traffic safety requirement.
In these cases, civil liability under § 823 (1) BGB may be considered.