On public land
Responsibility for snow clearance on public land generally lies with the public authorities. If an accident occurs, they may, under certain circumstances, be held liable. However, there is no requirement that roads and pavements be cleared of snow and ice immediately or at all times. Nevertheless, particularly hazardous areas must be secured in such a way that the risk of accidents is kept as low as possible. Road users and pedestrians are therefore expected to exercise caution and behave responsibly in order to avoid contributory negligence.
On private land
For private properties, the owner is generally responsible for removing snow and ice. As the owner of a structure, they are legally obliged to ensure that the property can be accessed and used safely. If someone slips and falls outside the building due to inadequate winter maintenance – which includes both clearing snow and gritting with materials such as grit or sand – the owner may be held liable.
In rented properties, the obligation to clear snow lies with the landlord. Under Article 256 paragraph 1 of the Swiss Code of Obligations, the landlord must maintain the property in a condition suitable for its intended use. This includes providing unobstructed and safe access to the building and to any visitor parking spaces. Tenants of rented outdoor parking spaces, however, are usually responsible for clearing their own parking spot. If the owner delegates this task to third parties, such as a caretaker or a tenant, they should regularly check that the work is carried out properly in order to fulfil their duty of care. Pedestrians, for their part, are also expected to adapt to the conditions and move with due caution and attention.
During continuous snowfall, it is unrealistic to expect pathways or roofs to be completely cleared straight away. In practice, it is considered sufficient if snow-clearing work takes place between approximately 7:00 a.m. and 9:00 p.m. One therefore cannot expect the snow to be removed at five in the morning if it has been snowing throughout the night.
The landlord bears the costs of snow clearance unless the rental agreement explicitly provides otherwise, for example by listing it as an item in the service charges.
If you have any questions concerning tenancy law or liability law, the lawyers at Pilatushof AG will be pleased to assist you.