Road keeper liability

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Wegehalterhaftung is a term derived from Austrian law.

Basically, this expression describes the content of §1319a of the ABGB . It stipulates that the keeper of a path is liable for its condition should someone have been harmed due to the defective path and the path was not used in an improper form.

§ 1319a ABGB.

(1) If a person is killed, his body or health is injured or something is damaged due to the defective condition of a path, the person responsible for the proper condition of the path as the keeper is liable for the compensation for the damage, provided that he is responsible or one of his people caused the defect willfully or through gross negligence. If the damage was caused by unauthorized, particularly unauthorized, use of the path and if the unauthorized use of the path was recognizable to the user either by the type of path or by corresponding prohibition signs, a barrier or some other barrier to the path, the injured party can contact the poor condition of the way not called.

(2) A path within the meaning of Paragraph 1 is an area of ​​land that can be used by anyone under the same conditions for traffic of any kind or for certain types of traffic, even if it is only intended for a restricted group of users; A path also includes the facilities in its train and serving traffic, such as bridges, retaining walls, lining walls, culverts, ditches and plantings. Whether the condition of a path is unsatisfactory depends on what is appropriate and reasonable for the type of path, especially its dedication, for its layout and care.

(3) If the defective condition was caused by people of the liable party, they are only liable in the event of willful intent or gross negligence.

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A similar regulation can be found in § 1319 ABGB, in which a comparable liability applies to building owners. Here it is stipulated that the owner (not the owner) of a building is liable if damage has occurred due to poor quality and he cannot prove that he has taken the necessary care. Keyword: Roof avalanche in winter through snow.