Being sued for clearing snow urban myth ? or fact ?

[Turbo5]

Various people have said that you can be sued if someone slips and injures themselves on your property or the pavements outside due to you clearing the snow off your pathways or pavements.
I have found this which backs up the story, http://news.bbc.co.uk/1/hi/uk_politics/3453039.stm
but other people reckon its just an urban myth

[Puggit]

Depends if you do a good job or not - as it says, if you leave the pavement in a worse state, you leave yourself open.

It is your duty to clear your property, so the postman (or any other visitors you could expect) can access it without danger.

[dilbert]

Turbo5 said:

Various people have said that you can be sued if someone slips and injures themselves on your property or the pavements outside due to you clearing the snow off your pathways or pavements.
I have found this which backs up the story, http://news.bbc.co.uk/1/hi/uk_politics/3453039.stm
but other people reckon its just an urban myth

I don't know about the legality, but it's certainly worth clearing snow wherever you need to move about, even if you don't get all the ice.

We don't often have snow in these quantities, but standing snow gradually turns to ice anyway. If it has low footfall, then the holes left by just a few walkers, turns into ankle breakers. Better a flat slippery surface than a coarse surface with hard sharp foot sized irregularities. Once it's gone to ice, then it's much harder to shift.

The same is true for the car. Clear the snow even if you don't plan to use the car. It's way easier to move new snow than the solidified icy kind.

The problem I have now, is that I have dug out around the car, but the snow is rising around it. The car is still on top of clean tarmac. I don't think I'm going to be able to use the car once it's above bumper height! I have visions of a six foot deep hole with a car at the bottom.

I couldn't believe it today, the downpipes for the guttering have filled and frozen solid. The trouble is that the gutters then overflow, and make icicles. You wouldn't want one falling on your head!

Edited by dilbert on Saturday 9th January 16:49

[Balmoral Green]

Puggit said:

Depends if you do a good job or not

Exactly. If you just clear it, it's going to be worse. If it's treated properly, there isn't an issue because no one will slip or fall.

There was a lawyer bod talking about this on the news the other day. If you clear your own property and someone falls on it, you are liable. If you clear the public pavement and someone falls, you aren't.

[Randy Winkman]

Balmoral Green said:

Puggit said:

Depends if you do a good job or not

Exactly. If you just clear it, it's going to be worse. If it's treated properly, there isn't an issue because no one will slip or fall.

There was a lawyer bod talking about this on the news the other day. If you clear your own property and someone falls on it, you are liable. If you clear the public pavement and someone falls, you aren't.

A lawyer on BBC Radio London said the same (it could have been the same person). Although, in the first instance, haven't you oversimplified it a bit? - You *might* be liable.

[mybrainhurts]

A government bod (can't remember name) recently announced that present law renders you liable if someone is injured on ground you've cleared.

[dilbert]

mybrainhurts said:

A government bod (can't remember name) recently announced that present law renders you liable if someone is injured on ground you've cleared.

Who's law is that? I mean, obviously it's UK law, but is this a Nu Labia thing?

[ThatPhilBrettGuy]

Puggit said:

It is your duty to clear your property, so the postman (or any other visitors you could expect) can access it without danger.

Actually, if you try to clear it and make a bad job they can sue you as you've caused the danger. If you don't clear it at all you're fine...

[Spiritual_Beggar]

It's true

I remember one of my Law Lecturer's telling me that;

If someone is drowning in a lake, and you do nothing......then you are ok.

But if you tried to help, and the man drowned, you could technically be partly liable.



Now that just goes to show how screwed up our legal system is currently.

[bimsb6]

on the radio yesterday there was a lawyer who said that as the pavement was the local authorities responsibility they would be potentially liable for a slip even if the householder had cleared the snow .

[Randy Winkman]

Notwithstanding my previous post - it does make complete sense to me that if you area complete idiot and try to clear snow by pouring hot water on it which freezes and makes it far more dangerous than it was before - you *could* be liable. Since that would be total negligence.

[dilbert]

Spiritual_Beggar said:

It's true

I remember one of my Law Lecturer's telling me that;

If someone is drowning in a lake, and you do nothing......then you are ok.

But if you tried to help, and the man drowned, you could technically be partly liable.



Now that just goes to show how screwed up our legal system is currently.

Does it work the other way around?

If you try to rescue someone drowning in a lake and die, but the original victim survives, is he liable?

[911DM]

You've all got me worried now - I'm about to order a take-away curry - what if the delivery driver figures he can get more money suing me for 'slipping' on my freshly cleared path than he can if he wasn't off work for the next 8 weeks

[Puggit]

ThatPhilBrettGuy said:

Puggit said:

It is your duty to clear your property, so the postman (or any other visitors you could expect) can access it without danger.

Actually, if you try to clear it and make a bad job they can sue you as you've caused the danger. If you don't clear it at all you're fine...

Nope:

Times said:

On your own land, it is a different matter. You owe visitors a duty under the Occupiers Liability Act 1984 to take reasonable care to ensure that they are reasonably safe. This means that if you know someone (such as the postman) is likely to walk up your garden path, and you also know that the garden path is slippery, you must take reasonable steps to clear the path of snow and grit it if necessary.

Presumably enough people will have visited your property (or you have left on foot) to compact the access route from road to your house, and turn the snow to ice. Therefore you need to clear it.

This is not the same as the pavement, which will have become slippery, but you need to take no action.

[ThatPhilBrettGuy]

Puggit said:

ThatPhilBrettGuy said:

Puggit said:

It is your duty to clear your property, so the postman (or any other visitors you could expect) can access it without danger.

Actually, if you try to clear it and make a bad job they can sue you as you've caused the danger. If you don't clear it at all you're fine...

Nope:

Times said:

On your own land, it is a different matter. You owe visitors a duty under the Occupiers Liability Act 1984 to take reasonable care to ensure that they are reasonably safe. This means that if you know someone (such as the postman) is likely to walk up your garden path, and you also know that the garden path is slippery, you must take reasonable steps to clear the path of snow and grit it if necessary.

Presumably enough people will have visited your property (or you have left on foot) to compact the access route from road to your house, and turn the snow to ice. Therefore you need to clear it.

This is not the same as the pavement, which will have become slippery, but you need to take no action.

Interesting, thanks Postbox at your gate and a sign saying keep off my land then

[dfen5]

Check you house insurance. You should be covered. If not, change your policy.