Clearing snow & liability

[Westyfield2]

I've read on here quite a few people saying that if you clear the snow from infront of your house and then someone slips you're legally responsible as your actions have directly influenced the pavement condition. This seems stupid (so probably true in the UK then! ) as you had tried to improve the conditions. Think someone said it was tort law.

I've also read that "You owe visitors a duty under the Occupiers Liability Act 1984 to take reasonable care to ensure that they are reasonably safe. So if you know someone is likely to walk up your garden path, like the milkman, and you know it's slippery, you must take reasonable steps to clear it and grit it if necessary."

What exactly is the law(s) then? And does it differ between the pavement outside my house, my garden path, works car-park, and public places (churches etc)?


I'm not after legal advice or anything, just genuinely interested.

 

[Ironic Namesake]

Someone mentioned this to me today - apparently if you clear the path outside your house and it becomes slippery and someone gets injured - your fault

If you leave it untouched and someone gets injured - council's fault

In Germany its the house owners responsibility to clear path outside - you get the blame if its not and someone gets injured , makes a bit more sense!

 

[roddypoddy]

http://news.bbc.co.uk/1/hi/magazine/8443745.stm

 

[Participant]

Quite a few people round me have cleared the snow from their paths, apparently not realising that they and anyone else using it are far more likely to slip than if they'd left some nice solid snow there.

Grit melts snow, grit gets kicked / brushed away by people treading on path, melted snow re-freezes and creates a nice slidy path.

 

[xb8browney]

Not sure on this one but I can't stand it when people clear there paths/drives and leave mountains of snow on either side which makes it even harder when walking also when the clear it off there paths/drives and put it all on the road!

 

[K1LLSW1TCH]

Grit seems to work fine on my path. I cleared it and gritted the path the other day and it's fine. We've had about a foot and a half of snow recently so it's not as if it isn't cold here either!

Not sure on this one but I can't stand it when people clear there paths/drives and leave mountains of snow on either side which makes it even harder when walking also when the clear it off there paths/drives and put it all on the road!

I don't understand how having snow on the sides of the path makes it more difficult for you to walk ON the path? Unless you're a very wide person who needs extra special treatment so that you can fit on the path I don't think it matters if there's snow on either side of the path, so long as it's not on the actual path.

 

[ordinaryjoe]

You won't get any trouble either way... If you clear the path and someone slips, they have to prove that you had the intention of making the conditions worse for them.

 

[vincent1989]

it becomes your responsibility if you fail to clear your path and someone who has permission to come up it (postman, delivery man sort of thing) slips and falls, you are also very unlikely to find yourself being sued if you clear the area outside the front of your home in an appropriate manner (ie, clear the snow with a shovel and salt it), if of course you're one of the few morons who think pouring hot water on it will fix it then you deserve all you get

 

[Biohazard]

does the grey area differ for private estates?

 

[Cosimo]

I clear the path on my property and that's where it ends, the pavement is a no-go area.

 

[SexyGreyFox]

I have never cleaned the snow from my drive and I can never understand why people do it.
As soon as it snows you can hear the clank of shovels clearing that rectangle in front of their gates

 

[fini]

See this thread here (and particularly my posts ). In regards to snow on your own land, the basic test to consider would be 'am I being negligent here, is it reasonably foreseeable that someone will get injured due to my action or inaction?'.

 

[Azagoth]

The bunch of idiots who live opposite me went out at about 10pm a few nights ago and cleared all the snow off the pavement in front of their house. Then they went and sprayed a fine mist of water over it with one of those gardening things you use to spray bug repellent on flowers.

It's absolutely lethal, and the 'victim' count is currently up to 7. Like I said, bunch of ****ing idiots.

 

[ScottehBotteh]

I have never cleaned the snow from my drive and I can never understand why people do it.
As soon as it snows you can hear the clank of shovels clearing that rectangle in front of their gates

Had to clean ours to be able to get up it, has a little ramp and had no traction at all. It was alright the first week or so but impossible after that without shovelling and gritting.

 

[Cosimo]

I saw a neighbour a few houses away put cat litter onto his path. Totally insane!

 

[hux]

Easy solution, plant a sign outside stating it's at their own risk, no comeback sad i know but it's the sign of the country we live in.

 

[Doonhamer]

I saw a neighbour a few houses away put cat litter onto his path. Totally insane!

That along with dishwasher salt is what people are using since all the grit/salt ran out.

 

[Beans on toast Dave]

I saw a neighbour a few houses away put cat litter onto his path. Totally insane!

heard thats suppost to be quite good, would like it to be fresh litter not with "added extras"

 

[JJKrista1]

To be liable I believe the claimant has to prove you were acting maliciously, i.e. You behaviour/action was directly contributable to their injury.

 

[Jonny69]

This is all ridiculous speak. I'd clear my drive if it meant I could get my car out if I had to and if anyone had a go about it I'd tell them to clear off and chase them away with my shovel.