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Louise Osborn
Member - 2 posts
I have already posted this on the forum and have received no feedback.
I know its a bit early to be thinking about the winter months!! Does anyone remember a case on the national news last winter whereby a house owner gritted the pavement outside his house, subsequently a passer by slipped and the owner was found liable as the Local Authority was responsible for the gritting? I am not sure about the finer details of this case and am trying to find some background info.
We have a situation which occurs every winter without fail within our supportive houseing schemes (elderly). We grit the paths to and from the main building, advise tennants not to go outside etc. Due to staff resources we are unable to grit each pathway upto the tennants door, although properties are rented these paths are considered communal, are there any thoughts as to whether we should be doing all pathways in our schemes? If a tennant were to fall due to the ice could it have been prevented by gritting?
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Philip Jeffs
Member - 300 posts
Surely its a simple case of risk limitation?
You face the risk of being prosecuted if someone falls in an area they feel is under your remit. I doubt a court would assume it reasonable for an elderly person to grit communial areas?
You also face the 'risk' that to do so yourselves implies you will also do it, and at your cost (unless you can recharge tenants). What's the bigger problem if it occurs?
Grit you teeth and grit!
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Kelly Mansfield - Workplace Law Network
Online advisor - 62 posts
Louise,
To help answer your question we spoke to Dale Collins of Osborne Clarke, who specialises in health and safety issues in the workplace.
He says:
"The answer is really one of acceptance of responsibility. If a householder takes it upon themselves to grit an area of public highway and their "interference" with the highway leads to slip, they are responsible. Hence the result in the case you mentioned.
"The Council are in a similar position, except that they have not voluntarily accepted responsibility for the communal walkways, they have a duty to provide a safe environment for those who rely upon them. Whilst that duty is limited somewhat to steps which are reasonably practicable (it is not reasonable for the Council or Highway Authority to grit every road/pathway) where it is known that the pathways are to be used by vulnerable persons (the young or, as in this case, the elderly) it is likely that it will be considered to be reasonable to take steps to grit. The council needs to balance the risk against the likely outcome."
Hope this helps.
Workplace Law
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Philip Palethorpe
Member - 12 posts
What if no gritting has taken place in the organisation's gounds and say a motorcyclist falls off ?
(Taking into consideration thick snow on the ground)
Does Kelly Mansfield's answer apply in this situation ?
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Ciaron Dunne
Member - 85 posts
Philip,
What type of organisation are you referring to? Is the motorcyclist an employee or a visitor?
Ciaron
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Philip Jeffs
Member - 300 posts
Before we get too carried away with provision of every little aspect, lets not lose sight of the fact that individuals have a duty of care to themselves by not putting themselves in harm's way if they can avoid it.
Any heavy snow will nullify gritting quite quickly and, as a motorcyclist myself, I'd consider it foolhardy to try and use one in such conditions.
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Philip Palethorpe
Member - 12 posts
Thank you Ciaron and Philip.
Independent Charity Hospital, non - acute.
Member of staff involved in the accident
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Ciaron Dunne
Member - 85 posts
Philip,
Difficult to be too precise on this one, I'm afraid. We have again put the query to health and safety specialist Dale Collins of Osborne Clarke, who has responded as follows:
"I assume the accident occurred on the road rather than a walkway and that the road is a private road rather than part of a maintained highway. If so, there is a duty on the road owner to ensure it is safe for expected use, but this duty is subject to doing what is reasonable (which is itself based upon extent of roadway, cost, location, extent of hazard etc).
Thus, it would be necessary to consider the whole set of circumstances before reaching a decision. All that can be said for certain is that the owner of a private road owes a duty of care to persons who use it."
Hope that helps.
Ciaron
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Philip Palethorpe
Member - 12 posts
I think Philip Jeff's comment is realistic, i.e. heavy snow and care by bike rider, although suspect this would not carry legally
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