Who Should You Seek Compensation From For Slipping On Ice?
At this time of year, freezing conditions begin to pose a challenge and a hazard to millions of drivers and pedestrians across the country. Ice and snow usually plays havoc with Britain’s transport network, making commuters’ lives a misery, and forcing many to walk to and from work in treacherous conditions. During the winter months, tens of thousands of people are admitted to hospital with injuries after slips on ice, many of which are sprains and fractures to the ankles and wrists. Dislocated and broken fingers, as well has head injuries and concussion are also common.
Following heavy snowfall or a severe frost, schools are often forced to close, as they simply do not have the resources to guarantee the safety of their teachers and pupils. Local councils and local authorities try their best to mitigate the worst of the conditions, yet, as the law recognises, lack the resources to be able to ensure public areas, such as roads and pavements, are kept free from ice and snow at all times. Homeowners face often contradictory responsibilities in keeping their property clear of ice and snow. Courts take a realistic, balanced view when assessing responsibility for accidents in public places and on private property caused by ice and snow, and in most circumstances will side with the local authority or homeowner.
The situation is very different with regard to workplaces and commercial premises, such as shops and supermarkets. The law imposes a higher duty of care on employers and owners / occupiers of commercial premises, who are obliged to take all reasonable measures to protect their lawful visitors from the risk of injury while on their property. In freezing conditions, their responsibilities include ensuring they have adequate amounts of salt or grit available to treat outdoor areas. They must also monitor weather conditions, and act promptly to clear ice and snow before it can pose a hazard. Outdoor areas should be treated with salt or grit before a working or commercial premises opens to visitors. There should also be regular inspections carried out throughout the day, to maintain outdoor surfaces in as safe a state as possible.
The most important areas for employers and owners / occupiers to concentrate on, are car parks, vehicle and pedestrian traffic routes, and entrances to indoor areas. Vehicles may slide on patches of ice, colliding with parked or moving vehicles, or with pedestrians. Snow may also be trampled indoors by visitors, and may form dangerous pools of water near entrances and exits. Premises which are open until late at night, or from early in the morning, face a particular challenge in dealing with freezing conditions, as temperatures will be lowest at these times. The test for establishing whether an employer or owner / occupier is liable for a person’s injury following a slip on ice, will be whether the accident was reasonably foreseeable in all the circumstances. Thousands of injured people are able to successfully claim compensation on this basis every year.
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