Who bears responsibility when an avalanche damages a car from a roof?
An expert opinion from Konstantin Krokhin, who serves as a lawyer and chairs the Moscow Housing Union, addresses this concern. The scenario raises questions about liability when snow or ice slides from a roof onto a parked vehicle.
When the management organization performs roof cleaning and adheres to safety protocols, the responsibility for any damage typically falls to the car owner who parked beneath, even if there were warnings from the management company staff. The standard procedure would be to coordinate work at the building, arrange for snow removal from the roof, and ensure that residents are informed in advance. Warning tapes should be set up, and staff may receive walkie-talkies to halt operations if there is a risk to pedestrians or property. In short, proper scheduling and safety measures greatly reduce the chances of such incidents and the ensuing disputes.
However, if the melted ice or snow falls because the roof or balcony was not cleaned at all, responsibility may shift to either the managing organization or the apartment owner who neglected balcony maintenance. The key issue becomes whether the common property covers the risk and whether appropriate preventive steps were taken.
“If the management company fails to remove ice and snow in a timely manner and a roof descent occurs from the house, which is common property, and a court determines that the car owner did not violate any rules, the management organization bears responsibility,” Krokhin noted. This emphasizes that causation must be proven and that the owner’s conduct is not the primary factor in the incident.
As a practical precaution, drivers are advised to park in ways that minimize exposure to falling debris. A cautious approach reduces exposure to potential damage and simplifies any subsequent claim process.
- Drive refers to news updates on Telegram.
Cited from Radio Satellite.
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Note: The content reflects general safety and liability considerations common to North American housing and vehicle ownership contexts. Always verify local regulations and insurance terms for your specific area.