snow

[bentaxle]

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

[magicmerlin]

I believe it to be true.

[moonraker558]

Its the same if a burglar fall in a hole while on your property and hurts himself he or her can sue you

[johnbikemad]

i have also known this to be true,only clean your own property, leave the public highway to the local authority

[ummmm]

Do not mention this when 'another view' is around....he'll accuse us of all being lazy southerners...!!!

[craft1948]

The Tesco's delivery man told me not to even clear my own drive as I could then be liable if he slipped.....

[craft1948]

pmsl ummmm.....when I told him I left mine he said he was ashamed to be a Yorkshireman......twart...

[Ramsbottom]

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

[factor-fiction]

Good answer Ramsbottom but I think you meant to say UNLIKELY rather than LIKELY in your last sentence.

[fredpuli47]

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.

[Postdog]

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.....

[fredpuli47]

Yes, postdog. you'd do better to sue your employer for not providing you with protective clothing, studded boots, crampons etc ! LOL

[eltelioni]

This is a load of rubbish. It is just an excuse people use to justify not clearing the paths. No-one has ever been sued. It used to be a simple courtesy that made life easier for all of us, but now most people don't bother. Yes, I am a Yorkshireman.

[suzie1]

i went to asda and i got some table salt and put the salt all over my drive and outside my drive and garden, which is a public path, if someone falls outside my house then tough, they should walk carefully, i tried my best to clear it up.