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So, Who’s Dreaming of a White Christmas?

I certainly am! In fact, the snow that arrived over the past week was a welcome festive gift for many (all be it a little early!). That was until a little snow turned in to a huge “blizzard” of sorts for many parts of the country, causing commuters havoc and holiday-makers a nightmare!

For many parts of the country we are now at that horrible icy state; where the snow has mostly melted and all that remains is a sheet of dangerous glassy ice lining the pavements and some roads. But over the last week we have seen news flash after news flash of the chaos the weather has caused.

In a Daily Mail report this week, a rather good question was asked – Why can’t we cope with snow? (source). With pictures of cars left abandons on the streets like some disaster movie, stories of commuters staying in their cars overnight, the AA’s busiest night in over 25 years (700 breakdown calls an hour), countless train, plane and bus services cancelled – what happened to “the plan”.

According to the report, the councils for one are bearing a large proportion of the blame for their apparent lack of essential gritting services, leaving roads an icy trap for many users. The highways agencies and local council authorities have a duty of care to ensure the public roads and access ways are not a danger to anyone using them. Obviously we have to understand that the bad weather can’t be helped; but the authorities must still do all that they can to prevent any accidents.

So, let’s say you have an accident due to the weather; can you claim for compensation?  – Well the short answer is yes and no (sorry!); it really does depend on the circumstances:

  • If you are involved in a road traffic accident that wasn’t your fault, and there is another vehicle involved that caused the accident due to the weather conditions, then you are eligible to claim your compensation from the other road user. The weather cannot be used as an excuse!
  • What if you slip on some ice and injure yourself? – This depends on where the accident occurred. If you are on privately owned property (say a shop car park for example) and there are no warning signs for the ice and no preventative measures (i.e. gritting) have been initiated, then the owners are negligent  and may be liable to pay compensation to you.
  • If you slip on ice on a public pathway or are involved in a road traffic accident with no other vehicle involved due to icy conditions, you must speak to an expert independent personal injury solicitor for the advice you need. These are quite difficult cases given that the land is public land – just remember that the local authorities do still have a duty of care to do all they can!

And whilst we are on the subject of injuries at Christmas, according to a BBC report this week a health warning has been issued by doctors specifically regarding injuries over the festive period (source).

The warning, from Dr John Heyworth of Southampton General Hospital, is a little advice for those preparing their Christmas meal this year… whilst drunk! Yes, according to the report, the A&E department at the hospital sees a strong repetition of injuries every year with a majority related to the patient being under the influence of alcohol.  

Dr Heyworth has stated “every Christmas without fail we see the same injuries caused by preparing and cooking the Christmas dinner. People are likely to burn themselves on the oven or even cut themselves as they carve the turkeyparticularly if they have been drinking alcohol.” He went on to say there are also a few chokes, particularly with the elderly; and warned those involved in meals with the elderly to take extra care with them.

There are also a few unusual injuries – people stabbing themselves whilst trying to remove the stones form avocadoes, and people getting their eyelids stuck on zips whilst trying on new jumpers. So the message here to everyone is – take extra care at Christmas time; particularly when you’re on the sherry!

Oh, and about that white Christmas – there is growing speculation according to reports given the weather over the past week, but it may just be a case of what’s left from this week’s snow rather than actual flakes falling from a pale grey sky on Christmas Day (source ).

But you never know; Irving Berlin and Bing Crosby may not be so wrong this year after all…

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