Ice and snow can be very dangerous, as all of us in the UK found out last month! It is very easy to fall and have an accident in such conditions. But whose fault is it if you do? Is it yours for walking on the ice in the first place? Is it the makers of your shoes? Or is it the council’s or land owner’s for not properly gritting the roads? This is the debate raging now amid a spate of accident claims related to the icy conditions last month.
It is possibly more difficult to get compensation from the council as there is an element of responsibility there to grit the roads, however can they be held accountable for every single bit of pavement and road? It really should be looked at on an individual case by case basis.
It is when an injury occurs on private property that an accident claim could be successful. These are easier to prove as the owner’s influence is over a much smaller area. These will be assessed on the basis of whether the owner has put in place suitable systems to ensure the safety of their visitors. This responsibility stretches to employers also, as people can make accident claims for slipping on the ice while at work just as easily as they can as a visitor to their property if the correct provisions have not been taken to ensure their safety.
Car accident claims can also be made for accidents on icy roads. This must be only if the accident was not your fault, i.e. as a result of somebody else’s careless driving. Most sensible people will slow down and drive super carefully when it is icy, but some will just carry on as normal, and this can cause accidents. Also, for passengers it is a bit more simple to make accident claims because you are not going to be at fault as you are just sat in your seat!