Accident on an Icy or Damaged Pavement? Find Out How to Claim Compensation from the Road Manager’s Liability Insurance
Slipping on an icy pavement, tripping over a protruding paving stone or falling on uncleared stairs near an apartment building entrance – these are situations that affect thousands of pedestrians every year. Few of us realize that there is always a specific entity responsible for the condition of the surface on which we walk. If you have suffered an injury, broken your arm or leg, or damaged your property, you have every right to seek compensation from the road manager’s liability insurance.
In this article, you will learn who is responsible for maintaining roads and pavements in proper condition, how to effectively prove liability, and how much compensation can potentially be obtained when pursuing your rights.
Who Is Responsible for the Condition of Roads and Pavements? Identify the Responsible Entity
The key to obtaining compensation is correctly identifying the entity that failed to fulfil its obligations. Under Polish law (including the Act on Public Roads and the Act on Maintaining Cleanliness and Order in Municipalities), every road and the pavement adjoining it has a legally responsible party.
Depending on where the accident occurred, liability for damaged pavement or an uncleared surface may rest with:
- The Municipality / City / Municipal Road Authority – in the case of public and local roads and most urban pedestrian routes.
- A Housing Association or Housing Cooperative – in the case of internal pavements, pathways between apartment buildings and areas directly adjacent to building entrances.
- A Private Property Owner – if the accident occurred on a pavement directly adjoining the boundary of a private property (provided that it is not separated from the property by a strip of greenery).
In practice, identifying the responsible entity can be the most difficult stage of the case. These entities often attempt to shift responsibility onto one another in order to avoid paying compensation under their liability insurance policies.
Real-Life Cases – How Much Compensation Can You Receive?
To better understand the amounts involved and how the claims process works, it is worth looking at two real cases involving our clients. They show that determination and properly securing evidence can produce significant financial results.
Example 1: Slippery Surface Near an Apartment Building Entrance (Ms. Wanda’s Case)
Ms. Wanda was returning from shopping in the morning. As she approached the entrance to her apartment building, she slipped on thick ice that had not been treated with sand or salt. The uncleared surface was directly under the responsibility of the housing cooperative, which had failed to respond properly to the morning onset of winter conditions.
The fall resulted in a complicated, comminuted fracture of her femur, requiring surgery and a long rehabilitation period. Initially, the housing cooperative attempted to argue that “winter had caught everyone by surprise.”
Thanks to photographs of the icy approach and statements from neighbours, the housing cooperative’s insurer had to accept full liability. Ms. Wanda received PLN 100,000 in compensation for the pain and suffering she experienced, as well as reimbursement for expenses related to the accident.
Example 2: Dispute Over the Property Boundary and Damaged Pavement (Mr. Zbigniew’s Case)
Mr. Zbigniew had an accident on a pavement leading to an apartment building after tripping over a deep, barely visible hole in the asphalt that was difficult to see after dark. He suffered a severe ankle sprain with torn ligaments.
When the case was reported to the authorities, a classic dispute over responsibility began – the housing cooperative shifted responsibility to the municipal road authority and vice versa. No one wanted to acknowledge who was formally responsible for this several-metre-long section.
Only a detailed analysis of surveying maps and development plans showed that the municipal road authority was responsible for carrying out repairs to this particular section.
The outcome? Through its insurer, the road authority paid Mr. Zbigniew PLN 45,000 in compensation, and additionally covered the full costs of medical treatment, private assistance and travel to medical facilities.
What Exactly Can You Claim as Compensation?
An accident on a pavement causes not only pain but also significant expenses. Under the liable party’s liability insurance policy, you may claim:
- Compensation for non-material harm – a one-time amount for physical pain, psychological suffering, hospitalization and limitations in everyday life.
- Reimbursement of medical treatment and rehabilitation costs – the insurer should reimburse expenses for private medical appointments, surgery, medication, ointments and equipment such as crutches or orthoses.
- Costs of assistance provided by third parties – if after the accident you were unable to cook, do your shopping or wash yourself independently, you may be entitled to reimbursement for care, even if the assistance was provided by family members.
- Travel expenses – for journeys to hospitals, clinics or rehabilitation facilities, whether by taxi or private car.
- Compensation for lost income – if your income decreased because you were on sick leave.
How to Prove the Road Manager’s Liability? A List of Essential Evidence
In cases involving slipping or tripping, the burden of proof rests with the injured person. The fact that you have suffered a broken arm, for example, is not enough – you must prove that the accident was caused by the responsible party’s negligence.
Secure the following evidence immediately:
- Photographs of the accident scene: Take photographs of the ice, slush or pothole. In the case of potholes, it is useful to place a small object, such as a packet of tissues, next to the hole to show its depth.
- Witnesses: Write down the telephone numbers of people who witnessed the accident or helped you get up. Their statements can be crucial in court proceedings.
- Official report: If possible, call the Municipal Police or Police to the scene so that they can prepare an official report documenting the condition of the surface.
- Medical documentation: See a doctor or go to the emergency department as soon as possible. Make sure that your medical records include information such as: “the patient fell on an uncleared/uneven pavement.”
FAQ – Frequently Asked Questions by Injured Persons
How long do I have to report a claim for an accident on a pavement?
The standard limitation period is 3 years from the date of the accident. However, if the road manager’s negligence resulted in very serious bodily injury and the case constitutes a criminal offence, this period may be extended to 20 years. It is nevertheless advisable not to wait – the sooner you report the claim, the easier it is to collect evidence.
What should I do if the road manager claims that it hired a company to clear the snow?
If a housing cooperative or municipality entered into an agreement with an external cleaning company and effectively entrusted it with these responsibilities, liability may pass to that company. For you, this simply means that the claim will be directed to the insurer of that particular external company. The process of seeking compensation otherwise remains unchanged.
Does footwear matter to the insurer?
Insurance companies often look for what is known as the injured person’s contribution to the damage. They may argue that you were wearing inappropriate footwear, for example high heels during a snowstorm.
An experienced law firm can, however, effectively challenge such arguments by demonstrating that the primary cause of the accident was the failure to fulfil the obligation to clear the surface, rather than the injured person’s clothing or footwear.
Why Is It Worth Seeking Professional Legal Assistance?
Cases against housing cooperatives, city authorities or municipalities are among the most difficult types of claims. Insurers representing these entities often reject claims at the initial stage, hoping that the injured person will give up pursuing the matter.
Are you having trouble obtaining compensation from a housing cooperative or municipality? Do not risk dealing with the insurer alone. Submit your case through the official SAGARTO Law Firm claim form and receive a free, professional legal assessment of your accident.
Claim form: https://www.sagarto.pl/en/