With temperatures set to drop in the run up to Christmas it is inevitable accidents will occur due to ice. Depending on where the accident happens and the injuries sustained you may be eligible to make a claim for compensation.
Who Could be Responsible for Accidents on Foot?
On a business premises:
Occupiers of premises, for example the owner of a shop or supermarket, are under a duty under The Occupiers Liability Act 1957 to take such care, as in all the circumstances is reasonable, to see that visitors are reasonably safe while on their premises. The owner may be liable for any injury caused to a visitor due to the premises being dangerous, hazardous or steps not having been taken to ensure that the premises are ‘reasonably safe’. If the business owner has failed to make the premises safe by removing snow and ice which has resulted in you slipping and injuring yourself then you may be eligible to pursue a personal injury claim.
Your place of work:
Your employer has a duty of care to provide a safe working environment and this includes taking “reasonable” steps to clear ice and snow. Failure to take precautions may amount to a breach of their duty of care and could potentially amount to a negligent act which entitles you to make a claim in respect of the injury suffered.
On public pavement:
The Local Authority has a duty to ensure that the footpaths and pavements are in safe condition so far as reasonably practicable so that your safety is not endangered by ice and snow. This is not an absolute duty and what is deemed to be reasonably practicable is with a question of fact. However, if the local council fails to clear such hazards in a timely manner, it can amount to negligence and the injured person may be entitled to make a claim against the council.
Who Could be Responsible for Accidents on the Road?
The Highways Act 1980 provides that Local Authorities must ensure, so far as is reasonably practicable that primary roads (roads with the highest volume of traffic) are passable and safe to use. The Highways Agency has a similar obligation with motorways. Each of these organisations is required to take ‘reasonable’ steps to clear snow and ice from public highways. The spreading of grit or salt to prevent snow or ice from settling in cold weather is most commonly used. If you have been involved in an accident on a primary road due to the failure of the Local Authority to take reasonable steps to remove the hazards of snow and ice then there is a potential claim to be made.
If you or a friend/family member has been injured in a Road Traffic Accident on slip on ice and it wasn’t your fault contact one of our experienced team for a no obligation assessment of your case. We deal with the majority of our cases on a “No Win, No Fee” basis. Call 0845 287 0939 or submit your enquiry online.