With the country in the grip of the harshest winter in recent memory it is a good time to share some helpful ice advice that I recently read. This is not about how to clear off your windscreen, but about legal exposure. For all the complaining and hand-wringing over this country’s so-called ‘compensation culture’ the fact remains that legislation exists about ice, and any personal injury claims made are about enforcing that.
The primary bit of law to be concerned about is The Occupiers’ Liability Act 1957. This has ramifications for both businesses and organisations as well as private citizens. Of relevance to everyone is the government’s ‘Snow Code‘ which deals with the legality of clearing snow and ice from pavements yourself.
The snow code points out that, while there may technically be no law stopping you from clearing snow and ice from public places you could still end up in hot water legally if you do. There is a possibility that you could be sued or held legally responsible if someone is injured on a path you have cleared, according to the advice. Though for the private individual doing about snow and ice is legally the safest course for avoiding personal injury claims this is the polar opposite of what the situation is for those with responsibility for public places.
If you have control of a public space it is your duty to prevent injuries from occurring. What this means is that you have to take “all reasonable care” to try to negate the hazards posed by snow and ice. What is considered reasonable however is not set in stone and is dependent on circumstance.
Knowing what is counts is reasonable can be a little confusing. Fortunately there is some pretty clear advice on the topic from personal injury solicitors. The general rule of thumb is that the larger the public space the more that needs to be done. this is true of shopping areas and supermarkets as well as other areas. Also fro employers – the larger you are the more you will be expected to do to protect your employees – for instance by clearing ice from your car park.
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