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Injuries due to uncleared snow or ice: how to act and who is responsible

Цей матеріал також доступний українською

PHOTO: Intent / Volodymyr Shkaev

The snowy winter has come to Ukraine again. But, according to the press service of the free legal aid (FLA) system, winter is not only about the beauty of snow-covered streets, but also about the danger of ice-covered sidewalks and uncleared snow.

The lawyers explained who is responsible for keeping roads and sidewalks clean and what to do if a person is injured because of uncleared snow.

Who should remove snow

According to the lawyers, snow on the streets should be removed by the owner or balance holder - the one who owns the territory. For example, roads or sidewalks should be cleared by road maintenance departments, yard areas by housing offices, management companies or condominiums. If a person has a private plot or building, he or she should clean the area around it or conclude an agreement with the utility company.

Improper maintenance of the territory is punishable by a fine:

for citizens - from UAH 340 to UAH 1,360
for officials and entrepreneurs - from UAH 850 to UAH 1,700.

Advice from FLA lawyers: what to do if a person is injured due to uncleared snow or ice

If a person falls and gets injured because of uncleared snow or ice, the first thing to do is to call an ambulance to get emergency medical care. At the same time, you should make sure that the doctor has correctly recorded all the circumstances of the injury.

If you plan to hold those responsible for the injury liable and compensate for damages, keep all medical documents and receipts for treatment.

Take care of the evidence

Lawyers emphasize that in order to be able to recover damages, it is important to take care of the evidence. To do this, you need to

look for witnesses - write down the contacts of people who saw the person fall
take a picture of the scene with reference to the real estate object where there are signs
take a photo or video showing that the territory is not cleaned, i.e. there are no anti-icing agents (sand, salt) and fencing of dangerous places; ice and snow are accumulated, there are icicles on roofs and eaves
find video evidence - find out if there are any surveillance cameras nearby.

After that, you need to find out who owns the territory. This is necessary for a subsequent claim for compensation for damage (property and moral). If it is not possible to do this immediately on the spot, you can determine the owner by submitting an information request to the local authorities.