Every year, as Christmas draws nearer, my inner child is always awakened with the first fall of snow. Let’s be honest; our country has never been renowned for its white Christmases. Having said this, over recent years Mother Nature has attempted to give us some snowy cheer, and whilst we all love a bit of snow, the harsh reality is that claims for personal injury that are caused directly by snow go on the rise.
In a working environment, it is important to realise that employers are under a legal obligation to provide working conditions which are safe and free form reasonable danger for their employees. Keeping this in mind when thinking of snow, ice, and harsh wintry conditions, from a legal perspective, you have to take in to account employees wading through the snow and bringing water in to the workplace from the soles of their footwear.
Now, your employer has the duty of care to ensure that all walkways are safe and free of hazards; something that needs to be reviewed even more closely during harsh weather conditions. They must ensure that all floors are kept suitable to walk on- cornering off any unsuitable areas with warning signs and deterrents, or perhaps ensue to dry and water or moisture from the floor as quickly as possible. In light of this, if you have had an accident at work as a result of poor weather conditions or otherwise, and you believe that your employer failed to provide adequate warning or deterrent to prevent your accident, there is a high possibility that you may be able to claim for compensation.
These circumstances are almost identical to potential claims which occur inside public buildings, such as supermarkets or banks. If you happen to injure yourself in such a place, you are well within your rights to pursue an occupier’s liability claim against the organisation in charge of the premises through their relevant insurance company.
Whilst most people enjoy the pleasures which accompany snow days, one group of guys who receive nothing but distress and grief from the fall of snow and ice are the councils. When snow settles on roads and pavements, the water seeps through gaps in the tarmac, freezes, expands as a result, and leaves behind a multitude of potholes and grooves.
Make no mistake; these are a council’s nightmare. It is the general responsibility of the council to ensure that all roads, pavements and walkways within its jurisdiction are free from unreasonable defect and are well maintained to a legally acceptable standard. It is normally the councils responsibility to ensure after a heavy snowfall that a thorough assessment of their roads is carried out and completed, ensuring that any defects which appear to be an obvious threat and danger to the general public are identified and repaired as soon as possible; but more importantly to ensure that we are protected from any treacherous footpaths or otherwise which could subsequently be hazardous to our health.
