Injury lawyers warn individuals not to clear snow
It has been revealed that injury lawyers are warning individuals not to clear the snow – or they could be faced with a frosty reception and a lawsuit.
Due to the heavy snow fall but lack of gritting means that pavements and roads are potential hazards and have often been compared to ice rinks.
Hundreds of accident claims have been filed as thousands receive personal injuries from broken bones, after falling on the ice, and hospitals struggling to cope with the rising demand of patients.
Despite the potential risks, the professional body that represents the health and safety organisation, along with injury lawyers, have issued a warning to businesses not to grit public paths.
Regardless of the UK suffering from the coldest winter for half a century, current legislation means that firms and households cannot clear up outside their property, because if they do, they could be sued.
To make matters worse, councils have stated that they have no liability for public highways, thus do not have any obligation to clear paths.
The Institution of Occupational Safety and Health, which represents 36,000 health and safety experts, claimed that any involvement from individuals in clearing paths could be held accountable and face legal action.
The Royal Society for the Prevention of Accidents expressed its anger over the lack of public safety: “This is not showing a particularly good attitude. It would be much safer for the public to clear paths, even if it’s not on their property,” said a spokesman.
The Institution guided members and stated: “When clearing snow and ice, it is probably worth stopping at the boundaries of the property under your control.”
Clearing a public path “can lead to an action for damages against the company, e.g. if members of the public, assuming that the area is still clear of ice and thus safe to walk on, slip and injure themselves”.
Icy Actions
The national shortage of gritting salt is likely to mean even fewer paths will be gritted by councils in the days to come.
As a result, the Government is trying to import supplies from the United States and Europe but they are not expected to arrive for another two weeks.
However, members of the public say they have been warned by councils about the legal risks of gritting. The Royal Caledonian Curling Club was forced to follow health and safety regulations as it abandoned plans for a match on the Lake of Menteith, near Stirling. The club was unable to obtain insurance after safety fears were expressed by emergency services.
One 68-year-old asked Cambridge county council to deliver grit which he offered to spread, but was told by officials he could be sued if he did so. The council later insisted he had been given the wrong guidance.
John McQuater, president of the Association of Personal Injury Lawyers, commented on the backward law: “If you do nothing you cannot be liable. If you do something, you could be liable to a legal action.”
Clare Marx, past president of the British Orthopaedic Association and orthopaedic consultant at Ipswich Hospital, concluded by stating more should be done:
“If people want to clear pavements, they should just do it. I would have thought it’s a public service and it is a shame we have ended up with a culture where if someone slips, they want to sue someone. People need a bit of grit, in both senses,” she said.
The winter weather conditions have been predicted to last until mid-week and army assistance is on stand- by.
Updated on 18/01/2010