Supreme Court: No compensation after accident on black ice

Terrace is not intended for leaving house.

A Carinthian nurse claimed compensation after she had injured herself when leaving the house in which her client lived. The defendant was the owner of the property on which the house stands. The lawsuit was dismissed by the Austrian Supreme Court (OGH), because the nurse did not leave the house via the entrance/exit, but via the iced terrace which is not intended for entering or leaving the house.

The lower courts denied the following claim bases:

• Liability for traffic safety obligations: The present case is comparable to another judgment, in which the plaintiff injured himself off the main entrance of a restaurant when he wanted to take a look inside the building (9 Ob 162 / 00i). His claim for damages was not granted, as it is sufficient according to the OGH, if the guest rooms and the ancillary premises and the additions are secured in the immediate vicinity as possible. These were the entrance and the sidewalk area in front of it. The inn operator did not have to expect a potential guest to choose a route away from the intended entrance. In the present case, the nurse chose to leave the house the unusual way across the terrace. However, the terrace was not intended for entering and leaving the building, which the plaintiff also knew. A violation of the traffic safety duties was therefore not available.

• Liability arising from the protective effects of the lease in favor of the plaintiff: Furthermore, the plaintiff in the OGH claimed that she was protected by the rental contract of her client, which is why the landlord should be liable for her injury. The Supreme Court denied this. Although relatives of the tenant are included in the protection, this does not apply to persons who only stay at the premises for a short time. The latter was the case because of the plaintiff visited her client only once or twice a week for carrying out the care work.

The OGH confirmed the assessment of the lower courts and rejected the plaintiff's claim for damages.
The complete decision can be found in German language at the Ris.

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