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Liability of Local Authorities for Maintaining Public Surfaces and Compensation for Damages
12/09/2025
Why is the maintenance of public surfaces legally important?
Public spaces – pavements, parks, squares, and roads – are used daily by citizens. Regular maintenance is not only a matter of functionality and appearance but also of safety. When damage occurs due to poor maintenance, local authorities can be held liable for compensation.
Legal basis of liability
According to the Croatian Obligations Act, anyone who causes damage to another is obliged to compensate it unless they prove the damage was not their fault. Regarding public surfaces, liability of local authorities is often considered objective – it is enough that the damage is linked to poor maintenance.
- injuries caused by slippery pavements (snow, ice),
- falls due to holes or uneven surfaces on streets and sidewalks,
- vehicle damage due to unmarked roadworks or potholes,
- injuries caused by faulty street lighting or dangerous trees.
How to claim compensation: step by step
- Report the incident immediately to the municipality, city office, or utility company.
- Document the evidence: photos, videos, witnesses, medical records, and invoices.
- File a written claim to the authority or its insurer with full documentation.
- Negotiate a settlement; if unsuccessful, initiate court proceedings.
Case law and contributory negligence
Croatian courts emphasize the duty of local authorities to ensure safe public use. If maintenance is lacking, liability is established. However, compensation may be reduced if the injured party contributed to the damage (e.g. by negligence or inappropriate behaviour).
Frequently Asked Questions (FAQ)
Who is responsible for injuries on icy pavements?
Primarily the local authority and/or the utility company responsible for maintenance. Liability depends on facts and evidence.
How long do I have to claim compensation?Limitation periods depend on the type of damage. It is advisable to consult a lawyer immediately to preserve your rights.
Do I have to go to court immediately?Not necessarily. Usually, you first submit a compensation claim and attempt an out-of-court settlement with the insurer or local authority.
Need legal assistance with a compensation claim?
For a quick assessment of your case and preparation of documentation, contact Lawyer Andrej Bašović. Acting promptly increases the chances of success.
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