And I know what you may be thinking; another article on the weather – that old chestnut! But it just seems to be getting worse and worse, and the floods of weather related new claims are coming in! But it is important to know when you can and can’t claim, particularly when the weather is a major contributory factor…
Just before Christmas, our Principle Solicitor Mr. Aman Johal was requested by Sky News to comment on claiming for injuries people are sustaining due to the weather, in light of accident and emergencies reporting significant increased admissions for fractures resulting from people falling on ice! The Sky News article (source) reported that some A+E’s had to open extra operating theatres to cope with the increase.
And as our highly experienced Principle Solicitor Aman Johal advised Sky News, “When it comes to weather conditions, there is very little people can do. These types of cases are almost impossible to win.” Mr Johal went on to say to Sky News “The old adage ‘Where there’s blame there’s a claim’ is generally true, but so is ‘You can’t get blood from a stone’. When you fall on ice or snow, in the vast majority of cases there is no one to sue other than God.”
Unfortunately local authorities simply do not have the resources to grit and clear every single road and pathway; it’s just not feasible. The bar for reasonable steps is not set very high by the courts, making these types of claim very difficult to pursue.
That isn’t to say you do not definitely have a claim however; there are instances when with a specialist personal injury solicitor representing you can win this type of claim. For example, an employee who slips on ice on his employers property that had only been partially gritted (and the claimant was unfortunate enough to step on to an un-gritted section!). Given that the employers have already placed preventive measure indicates they knew the foreseeable risk; however failing to grit and clear the entire area for whatever reason is negligent. Particularly if no warnings or instructions have been provided to staff!
Motor claims of course differ, in that for example if you are injured because the other person lost control of their vehicle due to the weather conditions, in most instances they cannot be excused. So the same advice I have been providing recently remains: Take extra care on the roads and only travel if absolutely necessary. It took me 20 minutes this morning to re-convert my car back from a pile of snow in to a working vehicle, so make extra time if you must travel!
And if you have been injured in an accident, speak to an independent expert personal injury solicitor today and get the advice you need on claiming for compensation!