Winter danger is not always underfoot. It is often overhead.
Icicles and snow blocks falling from roofs are not an accident or a “force majeure”, but a consequence of specific inaction. And there is almost always someone responsible for this inaction.
We briefly talked about this problem on the air of “Breakfast with 1+1”, but the television format does not allow us to analyze all the legal details. This material provides a clear algorithm of actions for those who have encountered the consequences of falling ice: a damaged car or harm to health.
Who is extreme? The main thing about responsibility
The main rule to remember is that the balance sheet holder is responsible for the condition of the house. It is this legal entity that receives funds from you for the maintenance of the house, and this tariff includes the service of cleaning the roof from snow and ice.
Depending on the type of service, the responsible parties are:
- Housing and Utilities Commission or Management Company – if they service the building. Unremoved snow is official negligence on the part of their officials.
- Condominium association – if an association is created in the building, then it is responsible as a legal entity, because it is the condominium association that must hire contractors to clean the roof.
- Building owner – if it is a commercial property, the owner or his contractor is responsible.
An important nuance about balconies: If an icicle fell from the structure of a balcony that was arbitrarily converted (glazed, expanded) by the apartment owner, and this was not provided for in the project, the apartment owner may be held liable. However, the primary claim is still made to the balance sheet holder.
What to do if you see danger?
Don’t wait for it to fall. If you see icicles that threaten people or property:
- Notify the balance holder. Call the Housing Office dispatcher, the Management Company, or the head of the condominium association.
- Record the request. Be sure to ask for the incoming application number. This is your proof that the utility company was warned, but did not take action.
- City services: Call the city council hotline (for example, 15-51 in Kyiv).
Note: The State Emergency Service should only be called in exceptional cases, when there is a direct threat to life and public services are unavailable.
Scenario 1: Ice damaged the car
Your goal is to prove a cause-and-effect relationship: the car was damaged precisely because of the inaction of utility workers.
Algorithm of actions:
- Do not move the car.
- Call the police (102). Demand a report of the scene inspection. This qualifies as property damage, not a traffic accident (if the car was stationary).
- Photo and video recording possible. While you are waiting for the police, take detailed photos and videos.
- Find witnesses. Write down the contacts of passersby, salespeople from nearby stores, or residents who saw the moment of the fall. Their testimonies may be crucial if utility workers claim that “the car drove over the protective tape.”
- Check the report. Make sure the document states that the damage was caused by an ice block at the specified address and that the protective tape was missing.
- Assess the damage. Contact a certified expert to conduct a commodity examination and obtain a report on the assessment of the damage. Keep the receipt for the expert’s services – these costs are also subject to reimbursement.
Next, send a pre-trial claim by registered letter to the balance holder with a request for voluntary compensation (referring to Article 1166 of the Civil Code of Ukraine).
Scenario 2: Health damage caused
A stricter algorithm applies here, since life and health are the highest value.
Algorithm of actions:
- Call an ambulance (103). This is the main piece of evidence. Make sure the doctor records the cause of the injury as “falling ice/snow.”
- Викличте Поліцію. Write a statement about committing a criminal offense under Article 367 of the Criminal Code of Ukraine (official negligence).
- Чому це важливо? As part of criminal proceedings, the investigator may seize video from surveillance cameras and official documents of the Housing Office (cleaning schedules), which you will not be able to obtain on your own.
- Collect checks. Keep all documents confirming expenses for medications, examinations, and rehabilitation.
На яку компенсацію ви маєте право?
According to the Civil Code of Ukraine (Articles 1166, 1195, 23), you can claim compensation:
- Real losses: the cost of car repairs, costs of treatment, prosthetics, sanatoriums.
- Lost earnings: if you lost income due to being on sick leave or your car was your work tool.
- Моральної шкоди: компенсація за фізичний біль, стрес та душевні страждання.
Remember: only a court can force the perpetrator to compensate for the damage, but a properly collected evidence base is 90% of success.
For more real-life examples and expert advice, see the comments for “Breakfast with 1+1”:
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