Rate this!
Paul B
Member - 2 posts
Is a company responsible for ensuring its car park is safe to use in inclement weather? For example, if there has been a snow fall followed by freezing conditions and an employee slid into a sign post damaging their car, would there be any case for claiming liability against the employer for not maintaining the car park by gritting etc? Or would the employee just have to claim off thier motor insurance policy?
Rate this!
Kevin Brown
Member - 116 posts
On first sight it's part of the workplace and it's a foreseeable risk. Transpose 'pedestrian' for signpost and 'hospitalised' for damaged. The principle's the same - the car park should be fit for use so there should be contingencies for clearing/treating the surface or taking it out of commission. Is the car park solely for commuter parking, or does it include business use, deliveries, unloading etc?
You have to ask if the employee was entirely wise to use the car park if was unfit for use, maybe there was no alternative?
It would be interesting to see what would happen where the employer/employee relationship didn't exist, such as airport car parking. Just how effective are those disclaimer notices?
Rate this!
David Ireland
Member - 7 posts
I would recommend that you think more about your duties under the Occupiers Liability Act here rather than traditional health and safety legislation. One of my previous employers had compensation claims made (succesfully) against them under OLA for not having an Ice and Snow gritting Policy and not having a contingency for gritting in icy conditions.
Kevin makes a good point that this is a foreseeable risk.
0 (0)
