Your rights and who is to blame if you slip on ice or snow

Winter falls can be a slippery area wherever they happen, but councils, employers and householders do have a duty of care.

To try to claim compensation, you must have injured yourself in an accident that was caused by negligence from someone else, and it is this that is tricky to prove.

Kathryn Hart, a personal injury partner at Lime Solicitors, says when it comes to slipping on the street, local authorities are legally required by the Highways Act 1980 to inspect, maintain and repair public roads and pavements.

“Highway authorities are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice,” she said.

However, Ms Hart explained that you might have a hard time trying to claim compensation, even if you can prove the local authority neglected its duty of care.

This is because any award has to be paid out of everyone’s council tax and the courts apply a very strict test to what is reasonably practicable, bearing in mind time and prioritisation and allocation of resources.

As far as injuries at work are concerned, Ms Hart says the onus falls on your employer to make sure your workplace is a safe environment to work in.

This means they must do everything reasonably practicable to prevent employees from slipping on ice and snow in the workplace

Ms Hart said: “This will include areas such as car parks, entrances and exits. It is important to understand that it has to be realistic.

“It is also worth knowing that it is illegal for your employer to sack you for making a compensation claim against them. This would amount to unfair dismissal.”

Falls on private property would be classed as an occupiers’ liability claim, she said.

The Occupiers’ Liability Act 1957 states that the occupier of a building must take reasonable care in all the circumstances to keep lawful visitors reasonably safe.

Here, you must be able to prove the owner of a building had not taken reasonable steps to ensure there was no build-up of ice or snow in car parks.

Ms Hart added: “However, it is worth bearing in mind that the law does not require people are kept completely safe from harm, only that steps are taken to ensure they are reasonably safe from harm.”

#slipping #ice #snow