Click here to access our online conveyancing system

Snow and Ice


LEGAL ADVICE FOR THE SNOW AND ICE!

According to the BBC hospitals around the UK are reporting an increase in the numbers of injuries from falls because of the snow. Dr Charles Gutteridge, medical director of the Barts and The London NHS Trust, said: "We've seen a dramatic increase in people with simple strains and minor fractures of the ankle, elbow, forearm and shoulder.

Might you be liable if someone falls on your drive?

Is it an urban myth that if you clear the path in front of your home you could be sued by someone who falls on snow or ice?

Or maybe you have been injured in a fall or car accident in the bad weather and wondered if you could bring a claim against the local authority?


What are the Local Authority's responsibilities?

Under the Highways Act 1980 the local authority is responsible for ensuring 'safe passage' along a highway so far as is reasonable practicable. The definition of highways includes adopted roads and public footpaths.

At this time of year the Local Authority will be concentrating on the main roads so if your accident is on an untreated minor road or pavement you will be less likely to be able to bring a claim. Section 58 of the Highways Act 1980 gives local authorities a defence against many claims involving snow and ice). But they have a defence (called 'the Section 58 defence') to claims that they only have to clear where reasonably practicable. As they clearly have limited financial resources, these cases can be difficult to pursue. There is no requirement to keep all routes clear, all the time.

But what are your responsibilities at home? Are you at risk? Private occupiers of houses are not obliged to clear snow or ice from the public highway. But if you do so and someone is injured can you be sued? The answer is – potentially - yes!

If you clear snow away in a less than satisfactory manner from the highway and this leaves ice (which is potentially more dangerous than a covering of snow) then you may be liable to passers by who fall and injure themselves. This is because you owe a common law duty of care to others (also called the law of negligence). You should not do anything that makes an area unsafe for others.

On your own land you owe visitors a duty of care under the Occupiers Liability Act 1984. It is the responsibility of an occupier to take 'reasonable care' to ensure that any visitor is safe. This could be the postman, milk man, your Auntie Mabel or anyone else!

The same principle applies to any business where customers are expected. Entrances and exits from premises should be maintained in a condition that is safe and as far as possible, without risk. So the issue is not necessarily whether an occupier has attempted to clear the snow or not. An occupier can be liable for injuries caused by ‘failing to act reasonably’ in order to prevent accidents. So if you decide that clearing snow away is the best way to keep yourself and others safe the message is– do it thoroughly!

All of this might lead you to believe that you really shouldn't bother to make an effort to help to clear snow at all. That's not the case. We all have a duty to take care of other's safety – and that can't be a bad thing. It's important to remember that whatever people say about a 'compensation culture' it really is not that easy to sue for compensation.

Anyone wanting to sue for a slip or trip in the snow must prove their claim on what is called the balance of probabilities i.e. that negligence (or breach of a statutory duty in the case of a local authority) was more than 50% likely to have caused the accident. If a claimant does not have compelling evidence of the state of the area where they had their accident - for example photographs and good witness evidence, their claim is not likely to succeed.

You can't get compensation just by having had an accident on ice or snow. But if you have been injured in an accident, there’s no harm in seeking advice from a specialist Personal Injury Solicitor in Huddersfield.

to view article in Examiner  www.examiner.co.uk/news/local-west-yorkshire-news/2010/01/11/twelve-try-to-sue-kirklees-for-falling-over-in-the-snow-86081-25568118/

For further information please contact Sarah Young, Janet Watson or Jacqui Scott in the Personal Injury Team on 01484 538421