LEXIKON

According to established case law, anyone who creates a source of danger or allows it to exist in their area must ensure that it does not harm anyone (known as the general duty to ensure public safety).

The Austrian Supreme Court recently (OGH 14.12.2023, 2 Ob 223/23t, www.ris.bka.gv.at) once again dealt with the scope of traffic safety obligations.

In the case under review, the plaintiff tripped over a chain stretched across an asphalt path, the purpose of which was to prevent passers-by from entering the meadow area behind it. The lawsuit asserted claims for damages against the property owner. The Supreme Court ruled that the specific content of traffic safety obligations must always be assessed according to the circumstances of the individual case. The scope and intensity of traffic safety obligations depend in particular on the extent to which road users themselves can recognize and respond to existing dangers. They may therefore be waived entirely if the danger was easily recognizable, i.e., without closer inspection.

In the present case, the Supreme Court denied liability on the part of the road maintenance authority because the plaintiff could have easily recognized the chain with normal attention and avoided it.