Housing A woman who falls in the yard of a housing association demands compensation in millions – What can the housing association be held responsible for?

When in winter, the ground is slippery and snow accumulates on the roofs, and the responsibility of housing associations for the care of their yards is emphasized.

The housing association, ie the owner or owner of the property, is responsible for ensuring that it is safe to move and reside in its territory.

“The housing company has emphasized the duty of care with regard to the safety of the property and the building,” says the Deputy Lawyer of the Finnish Real Estate Association Kristel Pynnönen.

Liability is based on, among other things, the Public Order Act and the Housing Company Act.

Accident in the event of an accusing finger may point to the condominium.

HS said Thursday in a case where a woman is claiming € 2.5 million in compensation after falling in the yard of a housing association. According to the woman, the slippery yard had not been properly sanded.

He justified the amount of compensation on the basis of the incapacity for work caused by the accident and the career lost.

Read more: A woman crashes in the yard of a housing association – Now she is claiming EUR 2.5 million in compensation from the insurance company and the housing foundation responsible for the sanding due to her lost career

Typically maintenance work, such as sanding the yard and removing snow from the roof in winter, is carried out by a maintenance company chosen by the housing association. Even then, the responsibility for security lies with the Housing Company.

The liability is affected by the type of agreement between the housing association and the maintenance company. It should be clear from the written agreement which tasks belong to each.

“It is clear from the agreement whether the responsibility for supervision has been transferred to the maintenance company and whether, for example, when sanding the yard, it should be checked that no snow is dripping from the roof and, if necessary, a boom should be placed to limit the canopy,” explains Kristel Pynnönen.

In condominiums smaller than apartment buildings, such as terraced and semi-detached houses, the yard may be managed with the help of labor. In this case, too, the housing company takes care of the implementation of the work.

“It may be that the plow of the yard is ordered from a maintenance company and the sanding is done by yourself.”

Winter conditions make it difficult to assess proper maintenance and liability. For example, can a condominium law the safety of walking paths in the yard by erecting a warning sign warning of the lack of winter maintenance?

“A sign is not enough in the case of a yard that can be assumed to be safe to walk on, such as a walkway or parking lot. If, on the other hand, a path has been created on the lawn in the yard in the summer and someone enthusiastically walks on it in the winter as well, the housing association cannot be held responsible for the damage, ”Pynnönen compares.

However, the warning sign may be in place on a route that is somewhat maintained in the summer but abandoned in the winter.

“In that case, the walker has the opportunity to take a safe road, but he can take the risk and go the maintenance-free route if he wishes.”

The risk of snow and ice falling from the roof can be affected in the first place by means of booms and warning signs. However, it is not enough as a long-term solution, as the housing association should eliminate the danger.

“If the snow and ice weren’t removed, the signs would have to be kept even throughout the winter.”

Accident or in the event of damage, the housing association may be liable.

“Usually, liability for damages is based on the party claiming damages proving that the person who caused the damage acted negligently. As the property owner has a strong duty of care about the safety of the property, the housing company must show that it has acted diligently, ”says Pynnönen.

The compensation amounts are based in principle on the financial damage caused by the event, such as hospital and medical expenses.

“Personal injury and the right of people with disabilities to compensation are often complex issues that can be addressed through a variety of recommendations.”

Property damage can become expensive, according to Pynnönen.

“For example, a block of ice may have fallen from the roof of a car, which has had to replace a broken window or a broken damper.”

If a housing association has defaulted on its responsibilities and is subject to claims for compensation, the shareholders will become payers.

“It is for such situations that housing companies and their maintenance companies have insurance,” says Pynnönen.

Snowfall Judgments have also been distributed in Finland. In Kuopio, for example, the chairman of the board of a local housing company was sentenced to 50 days for death from an accident in 2003.

At that time, a 39-year-old man from Iisalmi died when a block of ice fell from the roof of an apartment building on his head.

However, Pynnönen points out that being held criminally liable is exceptional.

Accidents of course, in the area or premises of the property is not always the fault of the housing association. Damage can occur even if the house has taken care of its business.

Pynnönen uses as an example a case where a resident had run and slipped in the stairwell of his house, the floor of which had just been cleaned and slippery. The resident had looked at the phone while running.

“In this case, the damage was not caused by the condominium. Liability is not automatic. ”

The same thing happened when the partner of the house running the housing company slipped into the yard himself when he had not taken care of his work.

how about then, if you don’t take care of the yard of your detached house and someone hurts yourself?

If someone enters the yard uninvited, the homeowner would not be to blame for the damage. A less frequently invited guest would require a familiar homeowner to be held liable for the damage.

However, a homeowner could be held liable if a mailman or furniture driver were injured in a difficult yard.

“It is more common for the morning paper not to be distributed or for rubbish bins not to be emptied if the yard is in poor condition.”