The first snow of 2017 is forecast this Thursday which might see the start of a colder spell for the region.
An initial snow-fall might look beautiful, but the havoc it causes across the country can run into thousands of pounds explains Wake Smith paralegal Kevin Bostock.
Whether it’s damage to the car, property or yourself, the impact is always seen first in our hospitals, which note an increase in the number of patient injuries they treat from falls due to the snow and ice.
Wintery conditions always raise interesting questions. What if you have suffered an injury yourself in a fall or car accident due to snow and ice - can you bring a claim against the local authority?
Can somebody bring a claim against you if they fall on the snow and ice in front of your home after you have cleared your pathway?
Can you pursue a claim for suffering a fall due to snow and ice whilst on a public highway - or someone else's premises?
Under the Highways Act 1980, the local authority is responsible for ensuring 'safe passage' along a highway so far as is reasonably practicable. The definition of highways includes adopted roads and public footpaths.
Section 58 of the Highways Act 1980 gives local authorities a defence against many claims where snow and ice are involved. This defence states they only have to clear the highways where it is reasonably practicable to do so. Nowadays, local authorities often have limited financial resources and so there is no requirement to keep all routes clear, all the time. This makes it difficult to pursue such claims.
Private homeowners or occupiers of houses do not have an obligation to clear snow or ice from a public highway. However, if you do clear the snow and ice and someone is injured as a result, you could be held responsible. If you clear the snow away inadequately, which then leaves ice (often more treacherous than 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. It is the responsibility of an occupier to take 'reasonable care' to ensure that any visitor is safe.
If you run a business where you expect to receive customers, then the same principle applies. You must ensure entrances and exits from your premises are maintained in a condition that is safe and, as far as possible, without risk to the visitor. So, the issue is not just whether you have attempted to clear the snow or not.
As an occupier, you can be held responsible for injuries caused by 'failing to act reasonably' in order to prevent accidents. The moral of this is if you decide that clearing snow away is the best way to keep yourself and others safe, then do it extremely thoroughly. Of course, anyone wanting to pursue a claim for an accident in the snow must still prove their claim on what is called the balance of probabilities. It must be more likely than not, that negligence was likely to have caused the accident.
As a claimant, you should try to collect persuasive, compelling evidence of the state of the area where the accident took place, including photographs, and also obtain supportive witness evidence or you may find that your claim is less likely to succeed.
For further information about pursuing a claim for personal injury, please contact Kevin Bostock at [email protected] or call 0114 2666660.
