Damages|According to the dog’s owner, the city of Helsinki had not complied with its obligation to keep the road in winter condition. The city investigated the matter for half a year and came to a different conclusion.
Dog was on an evening walk with its owner on Riukutie in Konala, Helsinki, when its paws slipped on the crosswalk. At 10:30 p.m., the dog, which was on the move, injured its left front and back paws in the accident.
It was February 5, 2024, and according to the dog’s owner, the crosswalk was icy and poorly maintained. In the owner’s opinion, the city of Helsinki had not done its job, and he submitted a compensation claim to the city for the damage.
The Maintenance Act requires the city to keep the streets in a satisfactory condition required by traffic needs. The owner considered that the city of Helsinki had not fulfilled the obligation imposed on it by law at the point marked on the map.
The amount of compensation the applicant demanded from the city was 235.84 euros. It is not clear from the applicant’s claim what the sum in question consisted of. It is assumed that the amount includes veterinary and medical expenses, and perhaps compensation for travel expenses to the doctor and possibly to the pharmacy.
After investigating the case for half a year, on August 8, Helsinki made a decision on the compensation claim submitted on February 13.
First Helsinki declared the damage site on Riukutie to treatment class III in the classification determined by the traffic significance. The class is subject to certain management regulations, which are regulated by, for example, the amount of snow that has fallen, the air temperature and the time of day.
The investigation revealed that the damage site had been sandblasted before the damage on January 29 at 7:41 a.m. to 10:54 a.m. and on January 31 at 2:28 p.m. to 3:07 p.m. The place has been plowed since February 3 at 7:58 a.m. with a blade that roughens the surface of the passageway. In addition, the inspection drive carried out in the damaged area on January 31 found no need for new winter maintenance measures.
Helsinki also notes that at the time of the damage on February 5, the temperature was -2.5 °C. In addition, there has been slight snowfall, but the depth of the snow has remained at 36 centimeters throughout the day.
Helsinki appeals to the Supreme Court’s preliminary decision from 1998 that it is not possible to implement anti-slippery measures in such a way that the passageways would never be slippery. The insurance board also states in one of its previous decisions that there is always a point where it is possible to slip.
Helsinki considers that it has not neglected its duties according to the Maintenance Act and is also not liable for compensation. The street area where the dog slipped has been in satisfactory condition for the needs of people and traffic. Therefore, the city considers that the level of maintenance has been sufficient for the dog as well.
A person who is not satisfied with the decision can submit a written request for correction within 14 days to the Helsinki City Registry. The decision may not be appealed to the court.
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