UK households could be 'sued' after clearing snow from their driveway
UK households have been issued a warning over clearing snow from their driveway - amid the possibility of being SUED. The warning comes after days of snowfall - and amid the possibility of fresh white stuff falling between November 22 and November 23.
Jonathan Scarsbrook, president of not-for-profit organisation the Association of Personal Injury Lawyers (APIL), explained: "Anyone clearing snow or ice would have to be demonstrably negligent to be liable for someone else's injury.
"For example, if you use hot water to melt snow on a path, it is going to refreeze and create a dangerous sheet of ice in the current temperatures. This could cause someone serious harm. But using a shovel, and putting down salt or sand on paths and drives will do the job safely."
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Jonathan added: "There is a distinct difference between a simple accident which no-one could reasonably foresee and that no-one is at fault for - and negligence when it comes to making a legal claim. Negligence is when someone does something which they could reasonably predict would cause a person to be injured."
He is keen to debunk the "age-old myth" that resurfaces every winter and encourages people to carry on trying to make their homes safer and to not let it deter you from helping neighbours. "Good Samaritans should not be put off being helpful and caring towards others, especially when it comes to clearing snow and ice for their elderly and vulnerable family and neighbours," he says. "Just use your common sense and no-one will get hurt."
Hugh Rowland of Gotelee Solicitors LLP said: "People are not under a duty to clear public paths outside their home or shop, and the truth is that if they do chose to clear a public path, and they don’t do it well, and someone hurts themselves, then they could potentially be liable if the injured person chooses to sue them.
"When it comes to private land that you occupy, you are under a duty to take reasonable steps to ensure that your visitors are safe. So do you clear the snow or do you leave it for fear that you might make a worse icy hazard? If you do clear it, then you have got to make sure that you do it well and that you maintain it. Because, if you make it more dangerous than it was before then you will be creating a hazard and you may be liable if someone hurts themselves as a result.
"Overall, people should not be discouraged from clearing snow and assisting others. However, they should ensure they do it correctly to avoid increasing the risk of injury to others and liability for themselves."