Slipping on ice – when weather conditions result into serious injuries

Winter UK
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Some areas of the UK are experiencing low temperatures and icy conditions. Whilst we are all responsible for taking precautions and not exposing ourselves to unnecessary risks, there are certain provisions in law that employers and those responsible for the maintenance of public spaces should be aware of to minimise the risk of serious injuries.

Serious injuries in public spaces

The legal duty of a local authority in keeping roads and public spaces safe for pedestrians in snowy or icy conditions is governed by the Highways Act 1980. Specifically, Section 41(1A) of the Act states that:

“A highway authority 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.”  

For example, your local authority has a responsibility to ensure roads and pavements are safe, especially when the temperature drops and ice or snow has been forecast.  Not all roads and pavements have to be cleared of ice or snow and this may depend on location or expected footfall.  The local authority would be expected to grit busy roads or areas, such as outside schools or hospitals but not necessarily all roads in the surrounding area. What constitutes as “taking reasonable steps” will vary depending on the specific circumstances, including the severity of the weather, the resources available to the local authority, and the risks posed to the public.

Personal injuries on private premises

The legal duty of a landowner or a business in keeping the property safe in snowy or icy conditions is governed by the Occupiers’ Liability Act 1957. This Act states that an occupier of premises owes a common duty of care to all their visitors. This duty requires the occupier to take reasonable care to ensure that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.

In the context of snow and ice, this means that the occupier must take reasonable steps to ensure that the premises are safe for visitors. This may include warning visitors of any known hazards, such as icy patches or slippery surfaces and taking steps to remove snow and ice from walkways and other areas where visitors are likely to walk.

We often see cases where serious injuries are caused because businesses fail to take simple measures to minimise the risk of accidents. Slips and trips can result into very serious injuries that can negatively impact the rest of someone’s life.

Making a personal injury claim

To make a successful personal injury claim you need to be able to prove that your accident was caused by the negligence or actions of someone else. For example, in the case of a slip caused by ice in a supermarket or other similar place it would be helpful to be able to show that the supermarket should have been aware of the presence of ice and failed to take measures like putting up signs or cordoning off the impacted areas. You must prove the supermarket was aware of the risk of the presence of snow and ice and should have done something about it.

If you have suffered a fall because of ice or snow, it is important that you report the accident and injuries you suffered to the relevant local authority (if the accident was in a public place) or appropriate business owner.

As with all accidents, statements from anyone who witnessed the fall or can comment on any routine maintenance of the dangerous area, would also be helpful. If it’s safe to do so, try to get photographs or videos of where you had your fall as it will help prove what happened.

Similar to the above cases, you can make a compensation claim if you had an ice related slip at work because your employer failed to  grit areas of the premises you are expected to use or failed to put up sufficient signs warning of the danger.

How can we help?

If you suffered serious injuries because of a slip in a public place, at a business premises or at your workplace, we may be able to help you. Slips can result into life changing injuries including spinal injuries and head and brain injuries. It is important to seek legal advice to understand if your accident was avoidable and if someone had a duty of care towards you to prevent it.

To have a free confidential chat with Emma Barnes please call on 03303116769 or send her an email to emma.barnes@enablelaw.com. Alternatively, to speak to a member of our personal injury team call us on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient for you

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