Claiming Compensation For An Injury After Having Slipped On Ice
The big freeze continues to cause havoc across Britain this week
, with rail and air travel severely disrupted and thousands of schools forced to close temporarily. As temperatures remain stubbornly sub-zero the conditions pose a risk to virtually anyone who ventures outdoors. Compacted snow swiftly forms dangerous patches of ice, while falling leaves make footpaths and public areas even more slippery. It is at times like this that the NHS report thousands of hospital admissions for injuries caused by slipping on ice. Most often these involve deep cuts, broken bones and head injuries. While most people sustain only minor injuries from which they will make a full recovery, others will suffer ongoing pain and financial losses due to enforced time off work and the costs of medical treatment. In severe cases injured persons may be left with long-term conditions and disabilities. The success of a compensation claim for slipping on ice will depend in large part on where the accident occurred. The Highways Agency, local authorities, occupiers of public premises and private employers each have different responsibilities and expectations placed on them in relation to dealing with dangerous icy conditions. Specialist legal advice is therefore essential for people injured by a slip and fall on ice.
Courts in general adopt a balanced, realistic view of claims for injuries on icy roads and public footpaths. It is impossible for example to expect a local council to grit every single pavement in their district multiple times during a period of prolonged icy conditions. The law acknowledges that councils have limited resources, and cannot be expected to accurately predict the extent of the dangers caused by treacherous weather conditions in advance. For these reasons it is notoriously difficult to succeed in a compensation claim against a local authority for injuries caused by snow and ice. Schools are treated as commercial premises for legal purposes, and as such have a higher duty of care to their pupils. The risks of injuries caused by icy playgrounds and footpaths usually prompt head teachers to close schools altogether during icy spells. Private schools tend to remain open more often than government-funded school, as they are better equipped to deal with the conditions and eliminate potential hazards.
Occupiers of premises visited by members of the public such as shops, offices and car parks, have a responsibility under the Occupiers Liability Act 1957 to take all reasonable measures so that 'the visitor will be reasonably safe in using the premises'. For the owner of a property to be liable for an injury, it will be necessary to prove that they were aware of the hazard, or should have been aware of it, but failed to take the necessary action to deal with the threat in a timely manner. The accident and injury will therefore be judged to have been a direct result of this behaviour, and reasonably foreseeable in the circumstances. With ice and snow, reasonable precautions would include gritting public walkways and car parks, erecting warning signs, and closing premises altogether in extreme conditions. Employers face an even stricter duty of care in relation to the safety of employees and other visitors to their property such as delivery drivers. They face specific legal obligations to keep entrances; exits and traffic routes free from potential hazards, and are required to regularly risk assess situations. Always consult specialist solicitors before taking any legal action.
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