Winter is the most common time for personal injury accidents to happen. As pretty as all the ice and snow looks when it arrives, the UK is not best equipped to deal with this type of weather.
When weather warnings say ‘only go out when necessary’, they should be adhered to. If you do go out in these types of conditions you are at risk of slipping on ice and snow and inevitably sustain an accident injury which you may not be able to claim compensation for.
In many cases any injury you incur will not be claimable as it is simply just an accident, however in certain instances you will be able to claim compensation for your accident injury.
There is always a lot of speculation with regards to whether conditions; and it must be understood that the weather is down to ‘mother nature’. It is similar to those who choose to go outside during a hurricane or thunderstorm and suffer injury due to flying debris or being struck by lightning.
These types of accidents you are unable to claim compensation for and are just an unfortunate incident. There is nobody to hold accountable for the weather condition and to go out at these times is entirely at your own risk.
Most people are under the impression that all pathways and roads should be gritted by the councils to make them safe for pedestrians. This is however, not the case. The councils are not duty bound to salt and grit any roads.
There are many incidences whereby the council have gritted roads in villages one year, but then not gritted the following year. This is because the main focus of gritting is for major roads, which let the economy continue throughout the winter months.
Deliveries of food supplies, fuel and other vital essentials still need to be delivered up and down the country and this is why major roads are gritted, and by major roads, it means motorways and some A roads. As a matter of courtesy other areas are gritted when there is enough salt to spare.
Other areas not duty bound to treat
- Bus Routes
- Private Roads
- Side Roads
- Footpaths (towns or villages)
- Town streets
The above are only gritted when the essential roads have been treated and there is enough salt to try and make these areas safe.
The exceptions to this are businesses, shops and anywhere that is open to the general public during these treacherous weather conditions.
Shops and Businesses
If shops and businesses are open to members of the public and the shops employees, it is the duty of the owner to ensure that their environment is safe. This is their employers and occupational liability.
Car Parks need to be free of ice as is reasonably possible to prevent staff and visitors slipping. All staff areas, be it footpaths, back entrances and steps are cleared of ice and snow. This is in line with health and safety responsibilities, as if it is not cleared employees and visitors are at risk of accident injury. These types of conditions may affect the employees’ ability to carry out their duties safely.
If a member of the public suffers a serious accident injury due to ice and snow on premises that are open for business, then a compensation claim for any injury may be made, this also includes hospitals and other public services.
Private Dwellings
Every year people will attempt to clear their footpaths and driveways for ease of access. What needs to be considered at this time is that others also use this footpath or driveway, like the postman, milkman, delivery drivers and friends or relatives.
If you have not cleared this area entirely and ice is left, then you are opening yourself up to a claim for compensation if someone slips and suffers an accident injury. Sometimes attempting to clear the ice and snow, if not done properly can make an area more hazardous, it also gives false belief to the person using the footpath that it is totally safe, when it may not be, therefore causing them to slip and injure themselves.
Some people also take it upon themselves to clear parts of the road near their homes to clear some ice and snow, the advice is, do not!. If somebody slips over, or an accident occurs where you have attempted to clear, but have not done so properly or made the area worse, then you personally are liable for the injury and a possible claim for compensation can be made against you.
You may have unfortunately slipped on an icy or snowy surface and if you feel that it was because of someone else’s negligence and you would be entitled to make claim compensation for your injuries then please contact us without further delay and speak to one of how friendly advisers to see if you can claim.