ChatterBank3 mins ago
snow
I have been told if I clean the pavements outside my house and someone slips and hurt themselves I will be lible to get sued is this true or is this a load of rubbish
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You could well be sued - but I doubt they would win.
By doing a positive act you owe a duty of care to anyone using the pavement. This is the ordinary duty of care. Here you would be liable if you were 'negligent'; if you acted below the standards of a reasonable person. I submit that it would be impossible to prove that you were negligent (especially if you took all due care to making sure the oath was not slippery). Thus you are a factual cause but not a legal cause of any injury suffered, and you are not liable for any consequential damage.
Additionally, if the pavement in front of your house if your own property (or you clear your own drive) then you owe a duty of care under the Occupiers Liability Act 1957. This again is the ordinary duty of care, but here you may be liable if you do not clear the snow on your land (when a reasonable person would do - assuming you are able to) and someone suffers consequential damage as a result.
In summary: NO you are highly likely to be held liable
By doing a positive act you owe a duty of care to anyone using the pavement. This is the ordinary duty of care. Here you would be liable if you were 'negligent'; if you acted below the standards of a reasonable person. I submit that it would be impossible to prove that you were negligent (especially if you took all due care to making sure the oath was not slippery). Thus you are a factual cause but not a legal cause of any injury suffered, and you are not liable for any consequential damage.
Additionally, if the pavement in front of your house if your own property (or you clear your own drive) then you owe a duty of care under the Occupiers Liability Act 1957. This again is the ordinary duty of care, but here you may be liable if you do not clear the snow on your land (when a reasonable person would do - assuming you are able to) and someone suffers consequential damage as a result.
In summary: NO you are highly likely to be held liable
The Occupiers' Liability Act `1984 s 1(7) states that no duty of care under tha Act is owed by the occupier to persons using the highway.The pavement of the street outside your house is part of the highway so you have no liability as a householder, per se, for any danger it presents to anyone passing by or visiting your premises . You don't have to anything to make it safe.
To be liable in law you'd have to actually do something which was negligent, create a risk by doing it
which was obvious to any reasonable person , as a result of which someone suffered injury, loss or damage. As stated, simply clearing snow from the pavement is not that.
To be liable in law you'd have to actually do something which was negligent, create a risk by doing it
which was obvious to any reasonable person , as a result of which someone suffered injury, loss or damage. As stated, simply clearing snow from the pavement is not that.
Sorry, not a proper answer, just an observation.
I'm a postman, and last week delivered in the snow and ice. Yes it was slippy, hard work and I hated it. But if I fell over, I fell over, end of.
Maybe having read this, next time I'll look out for where the snow was cleared and make it a point to sue them.
Not likely though.....
I'm a postman, and last week delivered in the snow and ice. Yes it was slippy, hard work and I hated it. But if I fell over, I fell over, end of.
Maybe having read this, next time I'll look out for where the snow was cleared and make it a point to sue them.
Not likely though.....