Heavy snowfall and persistent frost significantly increase the risk of roof avalanches and falling icicles. Passers-by and parked vehicles near buildings are particularly at risk. “As picturesque as the snow-covered roofs may look, the masses of snow can quickly become a real danger,” warns Bianca Boss, board member of the Association of Insured Persons. v.
Homeowners have a so-called traffic safety obligation. They must ensure that their building does not pose any avoidable hazards. Depending on regional requirements, this may include snow guards, barriers or warning notices. Which measures are necessary depends on the local conditions and the weather conditions.
Whether owners are liable in the event of damage depends on the individual case. “Liability does not automatically exist,” explains Boss. “The decisive factor is whether reasonable security measures would have been necessary under the specific circumstances and were omitted.” The personal responsibility of passers-by also often plays a role in court.
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If people are injured or third-party property is damaged, claims for damages may be considered. These are regulated by the owner’s private liability insurance. For rented properties, homeowners’ liability insurance is responsible. Both policies not only check the claims, but also defend against unjustified claims, if necessary in court.
Damage to vehicles is a different matter. If a car is hit by a roof avalanche and the owner of the building cannot be proven to have breached his duty, the vehicle owner’s comprehensive insurance will cover the damage. The prerequisite is that the vehicle was not knowingly parked in a visibly dangerous location.
Parking a vehicle directly under a roof overhang can be considered gross negligence. In such cases, comprehensive insurance only pays if the insurer has waived the objection of gross negligence. “When taking out comprehensive insurance, consumers should ensure that the insurer waives the objection that the insured event was caused by gross negligence,” advises Boss.
Damage to vehicle parts such as the windshield is usually already covered by partial comprehensive insurance. However, larger damage to the vehicle requires fully comprehensive insurance, provided there is no liability claim against the homeowner.