Can my local council be held liable for not gritting public roads?

[boroughlad]

I would like to know if my local council can be held liable for not gritting the public roadways in my area?

I slipped whilst crossing the road today and fractured my right arm in the mid shaft humeral in 2 places and have just been discharged from A&E. I would like to file for personal injuries claim and get compensation as my local council has not gritted the roads, yet the neighbouring Westminster council have gritted all there roads? My council haven't even bothered sending any road gritters out.

[bednobs]

no.

[boxtops]

Boroughlad, so sorry to hear of your accident. Here, someone from Kent County Council was on the TV earlier saying they couldn't possibly grit or clear every road - and it's been said before that people have to be responsible for their own safety, and not always consider who they can sure for negligence. I don't think a claim would succeed IMO - this sounds to be a genuine accident in bad weather conditions.

[Hopkirk]

Hang on there - surly roads are gritted for the vehicles. I doubt if Westminster grit their pavements.

I'm sorry to hear of your injury, but you are living in a cold country in winter. It is up to you to look after yourself, so I don't see why you should be compensated if you slip.

[boxtops]

^^consider who they can sue for compensation

[boroughlad]

Hopkirk - the accident happened on the road whilst crossing it not the pavement.

[Hopkirk]

What I meant was that grit and salt is put down on roads to assist vehicles, not pedestrians.

[bednobs]

weather is weather - it happens. Your local council cannot be "held liable" for not making every single road in your borough non-slip at the same time
It's an unfortunate accident, for which no-one is responsible, it's just an accident.

Sounds painful though, hope it feels better soon :)
will you have to be off work?

[sherrardk]

Sorry to hear that you have hurt yourself but it always amazes me how quickly people try to seek financial recompense when anything goes wrong - you've broken you arm, been at the hospital for hours and then you are straight on here. Shouldn't you be having a cuppa and something to eat?

[jaydah]

The roads were badly neglected last year. Our town was an ice rink and it looks to be repeated this year.

Its time the Gov forced the councils to give the service we pay for.

[buildersmate]

"Its time the Gov forced the councils to give the service we pay for".

Utter nonsense. Where is there anywhere a service level agreement between a local council and the council tax payers that assures that gritting will occur on every occasion of an icy road. Soundbytes and platitudes just don't help.

[hammerman]

This bloody annoys me this sort of thing and if you ask me, this compensation culture has turned most people into greedy selfish pigs and is one of the main reason this country's gone down the pan in the last 20 years.

When are we going to stand up and take responsibilites for our own actions. If we walk on an icy road, chances are we might fall over...it happens, get over it and move on.

[daffy654]

I (like the other posters) don't think you can hold the local council liable for your accident. Even if you did manage to successfully sue them the money would be coming out of the budget for funding such things as gritting lorries. I know most councils have liability insurance to cover such claims but more people claiming means higher premiums next year. The money has to come from somewhere to pay for that.

[boxtops]

I'm glad to see everyone else responded to you agrees with me - it was an accident, no negligence could be proved if you did take it further. However - there are plenty of No Win No Fee companies calling out for your business - if you think you can win, give it a go. It's an interesting one, would you feel the same if you had slipped on (unknown) dog poo or in a puddle, who would you try to claim off for that? I am sorry for your injuries but as others have said, there are times when we have to take risks and be responsible for our own actions, slippy or not. I hope you are feeling a bit better this morning.

[roger]

I'd like to know why my local council (Croydon) don't seem to have gritted any roads during this lot, yet Lewisham's roads were clear - what am I paying council tax for ?

[dennisb66]

I was in A&E on Thursday night after falling and fracturing one of my ribs.Did I think of sueing anyone NO WAY,all I am concerned about is that the weather doesn't interfere with my holiday to Tenerife next Friday.

[ojread22]

where were you off to?
The police said, the news said and everyone else said unless your journey is essential stay at home
It was an accident, simple. Maybe you should have been walking more carefully? Maybe you had the wrong type of shoes on?
This claim culture is beginning to get right on my proverbials

[puternut]

Whilst I feel that, as many have said, this was an accident no one is to blame what would you do in following situstion.

A friend/neighbour/relative is walking up your garden path, slipped and injured themselves. Would you consider it fair for them to sue you for negelecting your path??

[hc4361]

I admire you greatly for being able to post a question on AB within hours of breaking your arm and being discharged from hospital.
I don't think I could do it.

[joko]

maybe they were gritting...its takes time to do, and you may have just been on one they hadnt got to yet...its not instantaneous you know...

[Dris]

Nothing is too important to leave your house for in the grand scheme of thing which unfortunately you are off to find out.... .
I have gone out 3times this week and knew I was taking a chance (cats just DONT get it do they?).They were important but not crucial so I took the chance.
I sooooo hate the compensation culture as well -does my nut in -hope you get better soon though -be thankful you werent like the 39yr old lady in Dundee who slipped and banged head and died....

(Drat why didnt I think of that when my then 10yr old daughter had a serious fracture and operation when she hit a dodgy kerb on her bike -I know cos I was more concerned about her and was ever so glad she didnt get hit by a car and killed....)