SLIP SLIDING AWAY - SNOW AND ICE RELATED ACCIDENTS

April 9th, 2009 Hinchliffes

Published in Truckstop News - April 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “SLIP SLIDING AWAY - SNOW AND ICE RELATED ACCIDENTS”.

Few people will have had the experiences of the Ice Road Truckers, whose polar exploits have recently been seen on TV. However, the snow and ice that has been affecting the UK’s roads this winter may well have caused you significant problems, both while driving and when on foot.

The majority of ice and snow related accidents happen on public roads or pavements, and generally fall under the responsibility of the local council’s highway authority. There is considerable debate about how far a council’s duty of care extends as far as gritting and salting is concerned.

It would be an impossible task for any council to make every highway, pavement and public area entirely safe during icy conditions. However, in theory if a council fails to grit a road or public area during busy times of the day when the weather is exceptionally cold and someone suffers an injury because of this, the injured party may be able to make an accident compensation claim. In practice, it is extremely difficult to succeed in such claims, as the council will probably defend all the way to a trial, and the Courts are increasingly reluctant to find against public authorities except in the very worst cases of neglect.

Where the potentially negligent party is not a council or similar body, applying the test of reasonable foreseeability of harm is usually a good guide for considering whether an injury compensation claim might succeed. The likelihood of this type of accident occurring should be considered, and the steps that could reasonably have been taken to remove the danger caused by snow and ice, and whether those steps were actually taken.

Occupiers of anywhere the public may have cause to visit, including shops, offices and car parks, have an obligation to take such care as is reasonable, in all the circumstances, to ensure the safety of their visitors.

Take a railway station car park as an example. Car drivers and people on foot are invited to be there, and if it was left untreated in icy conditions, this would render the occupier in breach of their duty of care to the public. They would be required to take account of weather forecasts and have a supply of salt or similar gritting materials available. In the event of snow or ice, they should clear a safe path, put up warning signs and, if conditions were particularly extreme, shut the premises. If they failed to take appropriate steps, they may find themselves liable to pay injury compensation.

An even higher standard of care is imposed upon employers. For them to avoid responsibility for accidents they would need to keep all pathways to the entrance of their premises completely clear, and also ensure that common areas such as car parks or delivery areas were liberally gritted. Otherwise they may come unstuck if accidents are suffered not only by their employees, but also by lawful visitors such as delivery drivers.

Home owners and occupiers of domestic property must also take care. If they clear a path through the snow, a visitor may assume it is safe underfoot, but if they then fall and are injured the householder may be found responsible. Those making door to door deliveries are particularly at risk of this type of accident.

In respect of snow and ice on the road, although there may be no realistic prospect of succeeding in a claim against the highway authority, it still remains the position that drivers must drive safely and within the limitations imposed by the prevailing conditions. Therefore, if a driver is travelling too fast and loses control, causing an accident, they will not be able to defend any subsequent claim for injury compensation by blaming the accident on the snow and ice.

For any accident caused by bad weather, it is always best to seek advice on whether a claim can be made.

QUESTIONS AND ANSWERS

Due to snow I could not get to work until 11.00am. By that time it had stopped snowing, but no-one at work had cleared the path to the entrance. When I walked up to the door the path was slippery and I fell, breaking my ankle. My boss did not clear the path as he did not have a shovel, and says I should have been more careful. He also says that snow is an “Act of God” and he is not therefore liable for my accident. Is he right?

Contrary to the position taken by your employer, you would have a strong claim against him. He was aware of the problem, but took no steps to reduce the risk of an employee being injured. An “Act of God” defence would not assist him in this situation.

I was riding in a taxi late at night. There had been snow the day before, but the road was near enough clear except for some slush that was beginning to freeze. I felt the driver was going a bit quick for the conditions, when suddenly the car spun round and hit a wall causing me to hurt my neck and shoulder. Will I be able to make a claim against him?

It does appear that the driver may have been driving too fast in the particular weather conditions, and that his speed on the icy road is likely to have been the cause of him losing control of the vehicle. You may well be able to make a successful claim against his insurers and should obtain some specific advice.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are conducted on a No Win - No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.