Liability for private footpaths: Discover the risks

Questioner

Seven people bought land 20 years ago. It concerns a footpath. This path has created access between two public roads. The land is owned by an association, I believe there is a notarial deed and the association is registered with the Chamber of Commerce. There is a fence at both the beginning and the end of the path. But unauthorized persons can use the path, although we have hung a sign that it is private property. The question we have is this: if someone uses the path and falls due to slippery conditions, is the association liable? Or are the individual owners liable?

Lawyer

When it is placed in an association, the association is in principle liable for any damage and accidents due to slipperiness. But in the worst case, the owners could also be held liable, since the members (owners) are responsible for management and maintenance.