Recent case law has taken the view that liability for walking surfaces has to be assessed under the rules of fault liability. The state, municipalities, and private entities are all liable for walking surfaces and have a duty to ensure that the walking surface does not pose a danger to others. In cases where the liability for walking surfaces is not regulated, the courts draw the rules of duty from the specific circumstances of each case. The conduct of the injured person is relevant, as he must act with the care that an average person would have exercised in the same circumstances. Liability is normally established if the injured person cannot avoid the danger by exercising the greatest degree of care. In making their assessment, the courts take into account the number of persons likely to use a surface. A lesser degree of care is required when an idividual voluntary enters the private space of another individual. A higher level of care is required when the surface is expected to be used by a larger number of people.
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