So it is that time of year when ice can cause a problem when you are out and about.
If you injure yourself slipping on ice when out and about you may be able to claim for your injuries.
If you slip on a pavement you may have a claim against the local council as the highways authority under The Highways Act 1980. Under the Act the highway authority has a duty to ensure so far as is reasonably practicable that safe passage along a highway is not endangered by snow or ice.
This is not an absolute duty and is instead a duty of reasonableness. The simple presence of snow and ice does not automatically guarantee that the case will succeed. What is reasonable is dependent upon the specific facts of the case. If the highways authority has in place an effective risk-based winter maintenance policy and the policy has been followed then it may be difficult to establish liability. Due to cost and time highway authorities cannot treat all of the highways or pavements. Highway authorities will prioritise highways and pavements for treatment and this will be dependent upon a number of factors such as main commuter routes and the number of users and location of the highway.
If you are injured slipping at premises such as at a shop, car park, train station or work then the owner or occupier of the premises has a duty of care towards visitors. The duty to visitors is governed by the Occupiers’ Liability Act 1957, which imposes a duty on occupiers to ensure that visitors will be reasonably safe in using the premises for the purposes for which they are invited or permitted by the occupier to be there. Again this is not an absolute duty. The owner should take measures to clear ice, such as clearing ice and gritting from main walkways and entrances.
If you slipped on ice and sustained an injury please contact us on 0161 207 2020 for further advice.