Adverse Weather: Snow and Ice Compensation Claims

By Safeena Rafiq

 

Snowfall and Icy conditions have proven a common cause of accidents resulting in injury across the UK, including slips, trips and road traffic accidents. 

As the winter draws in so do the cold weather conditions which can make it hazardous for the public to go about their daily business. Local authorities, Councils, employers and occupiers for example, are under a duty to keep areas safe and you may be able to bring a claim for compensation as a result of your accident. 

Each case is dealt with on its own facts and it is important to remember that there is no automatic entitlement to compensation; there are a number of legal factors that would need to be established. If you have suffered personal injury as a result of an accident, you can contact our specialist team for a free no obligation discussion, we can assess whether you have a viable compensation claim and if so against whom. 

 

The Local Authorities Duty To Maintain Land/ Property

The Highways Authority has a duty to repair and maintain highways under Section 41(a) of the Highways Act 1980. Where the land or property is controlled by the Local Authority or the Highways Authority this duty applies. The local authority must ensure so far as reasonably practicable that a safe passage along the highway is not endangered by snow and/or ice. 

This is not an absolute duty, for instance the Highways Authority can discharge their duty by showing that they have a maintenance plan in place which may show that they have taken reasonable steps to maintain.

Each case will be taken on its facts, it is not necessary for the Highways Authority to grit every road, this will largely depend on the resources available, the type of road and its location, for instance it may not be considered reasonable to  grit a rural road but it may be reasonable to grit a busy motorway.  

 

Privately owned or occupied Property/Land

Land and property which is privately owned or occupied is subject to the duties laid down in the Occupiers Liability Act 1957/1984, the duty of care applied is to take such care as is reasonable in all the circumstances of the case that a visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there. 

Therefore if you were invited to the property, or merely expected to attend the property, for instance as a postman or milkman, and the property was slippery the owner/occupier should take reasonable steps to clear the ice, failure to do so may result in the owner being responsible for accidents caused. Each case will be decided on its own facts and you can obtain further advice by contacting our specialist team of experts.

 

Land/ Property Used For Business Purposes 

Land and property which is used for business and or work purposes must comply with the Health and Safety Regulations. The duty is to ensure the safety of customers which are invited to the business. Thus a supermarket has a duty to ensure the car park or pathway is reasonably free from snow and ice. If the business fails to adhere to this duty they may be held liable if there is an accident. 

 

Immediate Steps

In order to assist with establishing whether you have a viable claim for compensation it will be beneficial to do the following immediately (or as soon after) if possible;

  • Take a photograph of the place of the accident
  • If there are any witnesses get details of their names and addresses, this will enable statements to be taken if necessary 
  • If you have an accident at work make sure you report it immediately and that it is entered in the accident book, also complete an accident on duty form 
  • If you have an accident at other premises such as a store/supermarket for example, ensure that the manager is notified and it is recorded in the accident book.

The above is not an exhaustive list of actions that could be taken however, such details would be beneficial in the initial assessment of whether you have a viable claim.

If you have been involved in an accident and you would like some further information about making a claim, please call our offices on 0844 850 1062