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Ice on the footpath - fredthefifth

Neighbour decided to clean his car today (of all days!!) and because of the lie of the land the water runs down and across his drive and across the footpath outside my house. The water has frozen into a sheet of ice across the whole footpath outside my house and my drive crossing and cannot be avoided by pedestrians without going into the road.

I know this is clearly of his making but is there any liability on me because its outside my house?

Ice on the footpath - Ben 10
No liability on your part. What if it had rained, then frozen outside the drive. Same thing. Not your doing. Just leave it and mind how YOU go.
Ice on the footpath - fredthefifth

Ok, thanks. Its just that I recall reading something about liability during the snowy weather last year but couldn't recall the outcome.

Ice on the footpath - nortones2

I'd prefer salting the ice to the inevitable broken bones that might result, whatever the liability in law. In Germany, where they are used to schnee, the authorities require paths to be kept clear. Unlike the UK where slackness is the norm:)

Ice on the footpath - Armitage Shanks {p}

The position in UK is, SFAIK, one is under no obligation to clear one's path, drive or pavement but, if you do, and do it badly you can then be sued by anybody who falls and injures themselves, so best to let nature take its course

Ice on the footpath - Dwight Van Driver

Sorry AS but there is an obligation to ensure the saftey of anyone visiting your premises.

http://tinyurl.com/6oytcco

Note the mention of The Occupiers Liability Act 1957.

Whilst it may be argued not the prime mover in relatuion to the set up of the danger, once aware cannot it be said one should act tio negate?

dvd

Ice on the footpath - fredthefifth

I didn't have any salt/grit myself so I phoned the LA and they have put a few shovel fulls of salt on it. Thanks for the discussion.

Ice on the footpath - Armitage Shanks {p}

Good Morning DVD, from balmy Lincs wherte it was -11C @6am! Thanks for your wise input. As I am getting to the point where I can't clear snow how do I met my obligation or do I have tog et salt and spread it myself. I certainly can't shovel.

Ice on the footpath - jamie745

The position in UK is, SFAIK, one is under no obligation to clear one's path, drive or pavement but, if you do, and do it badly you can then be sued by anybody who falls and injures themselves, so best to let nature take its course

Oh for goodness sake im getting fed up with this. Its about time we clear this up as you lot clearly read the Express too much, this tabloid assumption by many that 'if you clear your path and they fall over they can sue you' is and always will be absolute rubbish. If it helps, they had a lawyer on the BBC this morning who stressed that this law has never existed, its never happened in the UK and its total rubbish. However if you were to deliberately make the pavement more dangerous (pouring freezing water onto it to make it ice up on purpose) then thats completely different.

Nobody in the UK has ever been sued for shovelling and salting a path.

Ice on the footpath - jamie745

Sorry AS but there is an obligation to ensure the saftey of anyone visiting your premises.

tinyurl.com/6oytcco

Note the mention of The Occupiers Liability Act 1957.

More nonsense. The obligation applies to public places, your house is not a public place, nor is your garden. Thats why schools shut in the snow but posties still go out, for example.

If you were to put barbed on your driveway, or electrify your gate or keep a rabid doberman at your front door then that's different.

Its also good to stress that 'you could be sued for...' means nothing. People can try and sue for whatever they want but it doesnt mean they're going to win. People sue for all sorts of nonsense, they dont win.

Edited by jamie745 on 05/02/2012 at 16:55

Ice on the footpath - Dwight Van Driver

Jamie

read

http://tinyurl.com/7l5ks7k

Its not nonsense its the lurre

dvd

Ice on the footpath - Armitage Shanks {p}

I have read the above posts and had a perfect example this morning of why clearing paths CAN be a bad idea. I crunched and squleched my way thru uncleared snow on roads and pavements on my way to my village shop and all was well, I crossed the road onto a stretch of slightly sloping cleared pavement and fell over because it was wet and had frozen = black ice. Better to walk on an uncleared surface than an icy clear one!

Ice on the footpath - Dwight Van Driver

Your learning the heard way AS. Always try and walk on a piece that has not been packed down. Much safer but not 100%

BBC1 TV last night Bomber Boys.......fantastic. Much better that Goof Clarkson

dvd

Ice on the footpath - jamie745

Anytime someone gives a link to any Government site i get bored within 3 seconds and stop reading.

Look, i work in a building with a few legal professionals who have got people out of the most outrageous motoring offence charges and they all say the oft-spouted 'if you clear your path they'll sue you!!' is total nonsense.

If they say its nonsense, then its nonsense. Thats good enough for me.

Ice on the footpath - Armitage Shanks {p}

You have mis-read me DVD I think. I made safe progress on uncleared road and pavements and I slipped and fell on a fully cleared stretch of pavement which was covered with black ice. Melt***er which had flowed across the pavement and frozen in the night.

Ice on the footpath - fredthefifth

An interesting variation on this is the the ice in question which was quite extensive and could not be avoided without going on the road or up my drive was caused by my neighbour washing his car when the teperature was clearly below freezing and then ignoring the dangerous sitiuation he had created. The evidence of the cause was there to see because the water had frozen on his drive like some of the pictures we saw on frozen planet!

Ice on the footpath - Red&Bold

Sounds like the neighbour is due for a good ear bashing!!!!