Clearing Snow from your Path
Should
a resident clear snow from their own path? Should they go further and
clear it from the pavement outside their house?
CBC has now given us an updated response as follows:
SNOW
CLEARING AND LEGAL LIABILITY
As
a result of last year’s significant snowfall, many people have become
concerned
about being sued if they clear the pavement outside their home and
someone then
slips and hurts themselves. Guidance has been issued by the Government,
including a ‘snow code’, and is available online at www.direct.gov.uk.
The County Council (which
is the Highway Authority) has endorsed this guidance. In summary:
- There
is no law stopping you from clearing snow from the pavement outside
your property, pathways to your property or public spaces.
- As
long as you are careful to ensure that you don’t make the pavement or
pathway more dangerous than before (make sure that you follow the snow
code!) then it is unlikely that you would be sued.
- There
is no duty for property owners to clear snow from public pavements in
front of their houses which means there is no legal liability for a
failure to clear snow from these areas.
- People
using an area affected by snow and ice have a responsibility to be
careful themselves.
For
land within your ownership (and not part of a public highway) remember
that you
owe visitors a duty under the Occupiers Liability Act 1984 to take
reasonable
care to ensure that they are reasonably safe so action on your part
will be
required. This is especially the case when you know that you are likely
to have
visitors, e.g. the postman. You should take extra care when clearing
your own
land that you don’t make the situation worse. Once again, people
visiting your
property are expected to be careful themselves where there is obviously
a
hazard.
If
you use common sense and follow the appropriate guidance you are
unlikely to be
held liable for attempting to clear snow from either public places or
your own
private land.
Who
knows, we may just have a warmer winter and this advice won’t be needed!
September 2011
