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Homeowners warned not to clear snow from pavements in case of legal action
News - Personal Injury News
Sunday, 10 January 2010 18:27

The Institution of Occupational Safety and Health is warning homeowners not to clear snow and ice and grit the paths outside their homes because if a passerby assumes the path is safe and then falls and injures themselves, the homeowner could be sued for damages.

 

The institution is the professional body representing health and safety experts. It has been something of a tradition in the UK for homeowners to clear and grit their own driveways – and also the pavements outside their homes.

 

The Daily Mail reports, however, that local councils have warned the public not to tackle snow and ice on pavements in case of legal reprises if a pedestrian falls on the patch they have cleared.

 

Michael Pepper, 68, from Cambridgeshire asked his local council to deliver grit to his home and was warned not to undertake the task himself.

 

The issue has also been debated in the House of Lords – government whip Lord Davies of Oldham told fellow peers that it was the adequacy of attempts to clear pathways that might lead a householder into trouble if a passerby fell:

'If people totally clear away all snow and return the pavement to the situation it was in before the snow landed, they have done an excellent job.

‘If it is done in a less than complete manner and leaves ice which is more dangerous than the original covering of snow, it may not be the local authority responsible, but the householder for having dealt with the pavement.’

President of the National Association of Personal Injury Lawyers, John McQuater said:

 

'If you do nothing, you cannot be liable. If you do something, you could be liable to legal action.’

The Royal Society for the Prevention of Accidents said it was a disappointment that public safety was being neglected over fears of possible litigation.

 

However, some firms of personal injury lawyers are warning that householders were responsible for clearing a ‘safe’ path to their front door, to enable postmen, milkmen and other visitors to reach the door.

 

Weather experts are expecting the cold snap to last at least until Wednesday (13/01/2010).

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