slipping on ice

[wendilla]

Is it right that if someone slips and hurts themselves on your path when you have cleared it from snow that they can sue you? But if you do not touch it there is nothing they can do.

[Ethel]

Yes, snow is an Act of God.

Failure to clear it properly is negligence.

[wendilla]

Thank you for reply .Do you mean that you can be sued if you clear it but not if you don't touch it.

[Ethel]

Yes, you can, but in reality it is unlikely to happen.

The injured party would have to prove that his injury was caused by your negligence - you failed to clear the snow and ice sufficiently, causing him to slip and injure himself.

Now, it would be argued that the injured party failed to take proper care of himself, knowing that the conditions are likely to be slippery - he failed to watch where he was putting his feet and even worse he had his hands in his pockets, so he couldn't break his fall. The courts would ask if a reasonable person would behave in such a way. If they concluded he wouldn't, the injured party has contributed to his own negligence. Damages would either be reduced or the case thrown out.

Now there is another scenario. The snow has fallen heavily, disguising the hazard on your path. You know it's there but your visitor has no way of knowing - it is hidden in the snow. Let's say it is a rake. Your visitor steps on the rake and it punctures the shoe and penetrates his foot. In this scenario you are wholly liable, not for failing to clear the snow, but for failing to move the hidden danger.

[wendilla]

Thank you Ethel for your reply.