Author: Attorney-at-law Aleksandar Popović

You were looking out the window at the snow-covered street. You saw someone slip and fall in front of your building. You approached and helped, waited together for the ambulance. You almost forgot about the incident—until the lawsuit arrived…

Failing to clear snow in front of a building or lacking clear organization within a homeowners’ association is rarely perceived as a risk—until the first lawsuit for a fall on ice arrives.

Falls on icy surfaces are common. Injuries can range from minor bruising to severe fractures, and even death. Most of these situations give rise to a right to compensation. Although suing the city may seem like the safest option—mainly because success in such a case generally ensures compensation—the local government is not responsible for every corner of the city.

Under the provisions of the Law on Housing and Building Maintenance, plazas, sidewalks, playgrounds, and other areas that are not auxiliary spaces, if located on the same parcel as the building, are areas that the owners of those spaces—practically speaking, the homeowners’ association—are obligated to maintain.

Receiving a lawsuit – first steps

When analyzing a newly received lawsuit, hiring an attorney offers a significant initial advantage. As a legal professional, the attorney assesses the claims, attached documents, and proposed evidence to determine the best strategy for further action.

Special attention is given to whether the lawsuit contains all the elements required by the Civil Procedure Act, whether grounds exist for dismissal, and how the listed and submitted evidence should be evaluated—each piece individually, and all together, especially in the context of the plaintiff’s allegations. Attorneys know case law and can better assess whether a particular piece of evidence is capable of proving a fact stated in the lawsuit.

If the submitted evidence does not establish the exact location of the fall, the defendant can immediately challenge passive legitimacy—since it is unclear whether the fall occurred on the building’s parcel or on public property. A homeowners’ association cannot be liable for injuries caused by a fall on a sidewalk maintained by the city’s public services.

Even if the lawsuit and the plaintiff’s claim are entirely well founded, this does not necessarily mean a long and costly legal process. If the plaintiff is willing, the homeowners’ association may reach a settlement, resolving the dispute amicably.

Does every injury create a right to compensation?

To obtain compensation for injuries caused by a fall on ice, fault must be present. According to the Law on Obligations, there is no right to damages if the injury occurred without fault on the part of the homeowners’ association.

Although damage caused by a dangerous object is a similar legal concept, the author believes it does not apply in this case. Even if ice were considered a dangerous object, the homeowners’ association is not its “possessor,” so strict liability cannot be based on that ground. Moreover, if the association exercises due care, the ice would be cleared and thus would not constitute a dangerous object at all.

Shared responsibility

Even when everything indicates that the homeowners’ association is responsible for the injury caused by a fall on ice, video footage of the fall, as well as questioning the plaintiff as a party or a witness, may—through proper questioning—show that the plaintiff contributed to the occurrence of the damage.

For instance, if it turns out that the plaintiff was looking at their phone, walked on the icy surface instead of the cleared path due to inattention, moved at a speed inappropriate for the weather conditions, or—under the influence of holiday festivities—misjudged the terrain and thus exposed themselves to danger despite safer alternatives, there is justification for reducing the compensation, since the plaintiff contributed to the damage.

Hiring a snow removal service

Hiring a cleaning company, even one that includes ice removal in its services, does not eliminate the possibility of a lawsuit against the homeowners’ association. A person injured by a fall is not required (nor able) to know whether the association hired a third party to remove ice.

Even if the court considers the ice in front of the building to be a dangerous object, the Law on Obligations states that liability may fall on the person responsible for monitoring the dangerous object—which, by purposive interpretation, could shift liability from the homeowners’ association to the contracted cleaning company. A literal interpretation of this provision releases the association from liability.

In any case, the municipal regulations require homeowners’ associations to remove snow and ice from sidewalks up to five meters wide located in front of the building. Non compliance is punishable by a fine ranging from 5,000 to 50,000 dinars.

Liability insurance

Homeowners’ associations may enter into third party liability insurance contracts. Having such insurance does not relieve the association of liability, but ensures that third parties can receive compensation even if the association lacks sufficient funds in its account. On the other hand, if the building has a professional manager, that manager must have professional liability insurance.

The mere fact that damages are sought from the association does not automatically create an obligation for individual owners to pay their proportional share. The homeowners’ association has legal personality, its own bank account, and its own funds.

The association is entitled to collect fees from unit owners for management and/or maintenance. It may also set aside funds as a reserve in case compensation needs to be paid.

Therefore, it is recommended that unit owners—and the association as a whole—organize in advance and conclude third party liability insurance or establish an internal fund for such purposes, rather than acting reactively after damage occurs. If there are no funds in the account, and owners fail to meet their obligations, there is a risk of enforcement proceedings.

Conclusion

Since evidence in these cases often consists solely of statements from the plaintiff and witnesses regarding the fall itself, it is crucial to have an attorney at the hearing—someone who knows when to ask the right question and how to highlight inconsistencies in the plaintiff’s testimony.

However, even the highest degree of care cannot always prevent accidents. In such circumstances, having a pre-established procedure—such as third-party liability insurance or an internal organizational system within the homeowners’ association—provides the best results, especially when developed by a professional.

Note: This text reflects the author’s personal opinion and does not constitute legal advice.