Apartment Residents’ Representative Council Liable for Injuries from Slip on Speed Bump — Responsibility Limited to 30%, 8.78 Million KRW Awarded
📘 Case Summary
A resident who slipped on ice while passing over a speed bump inside an apartment complex sued the apartment’s Residents’ Representative Council for damages. The court acknowledged liability but limited the Council’s responsibility to 30%, awarding approximately 8.78 million KRW.
The court noted that the Council failed to detect and remove the ice or install slip-prevention measures, but also recognized practical limits to maintaining every road inside the apartment and emphasized the resident’s own duty of caution.
Judge Lee Hwa-jin of the Gwangju District Court, Civil Division 9, rendered the judgment on August 22 in case 2024가단557166, ruling partially in favor of plaintiff A, ordering the Council of Apartment B to pay about 8.78 million KRW.
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[Facts of the Case]
On December 21, 2022, around 11:00 p.m., A was walking past a speed bump in front of the guard post of Building C within Apartment B when A slipped on ice and fell.
Between December 17–19, the area saw 0.1–4.6 mm of snowfall, with temperatures ranging from -7.5°C to 5.3°C. On the day of the accident, it rained.
A suffered a left patella fracture and underwent 83 days of hospitalization and outpatient treatment.
A filed suit demanding approximately 16.44 million KRW in damages from the Residents’ Representative Council.
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[Court’s Reasoning]
The court found the Residents’ Representative Council liable, citing its duty as the managing body to detect and remove ice or install slip-prevention measures at the accident site.
Judge Lee stated:
“Significant snowfall occurred in the days leading up to the accident, and subzero temperatures persisted. Even though it did not snow on the day of the accident, it is likely ice had formed.
The accident occurred at night, but there was sufficient time beforehand for the Council to remove ice.
The site was surrounded by buildings, making sunlight scarce during winter, increasing the likelihood of freezing.
There is no evidence that the Council took reasonable measures to remove the ice.”
However, the judge limited the Council’s liability to 30%, explaining:
It is unrealistic to expect perfect snow and ice removal on all internal roads.
In winter, residents are expected to exercise caution, such as walking slowly.
A should have been aware of the risk of slipping, given the recent weather conditions.
The court awarded approximately 8.78 million KRW, including 3 million KRW for emotional damages.
Article: https://www.lawtimes.co.kr/Case-curation/213342
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