You could be sued for clearing your pathways…

Keeping roads and paths cleared - who is responsible?

Has the world gone completely mad? With all this snow, a record fall for over 30 years, Health and safety experts are warning house owners and businesses NOT to clear pathways for fear of being sued.

In a statement from The Institution of Occupational Safety and Health says that is you clear the ice and snow from your path, you are assuming responsibility that you have done it correctly. If somebody them slips and injures themselves, then you are liable. Does this explain why paths and pavements have not been cleared in the towns?

So if we look at this further, if we were involved in an accident on a road due to slipping, are we able to sue the local council for this? Particularly if they have attempted to clear it – this would be an interesting test case? 

So heres how to clear your paths properly:

• Remove all loose snow from the area with a shovel, making sure the snow will not blow back on the path
• Spread a thick layer of salt and grit evenly over the area, making sure you do not miss any parts
• Place warning signs at the start and end of the pathway
• Check slippage regularly but definitely first thing in the morning, lunchtime and evening
• Spread more grit and salt when required
• Remove any new snow falls as they happen

By doing this I am sure you can prove a duty of care and that you have taken it seriously.

Here’s a question, what if you did nothing and somebody slipped and hurt themselves? Are you liable for doing nothing or is it a natural occurence and beyond control?

Hopefully, sense will prevail and the UK Spirit will take care of it. Straight talking Ann Widdecombe, the former Tory minister summed up our thoughts in a recent interview with the Sunday Telegraph when she said that the idea you could be sued for being helpful was absolutely ludicrous.

If you have any questions or want to put a bad weather plan or policy in place for your home or business, contact us.

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