Legal warning issued for households over clearing snow off driveways
by Tom Kershaw, Claire Schofield · ChronicleLiveMany UK households woke up to a blanket of snow this morning as the first widespread falls of the winter were spread as Storm Bert hit.
It has led to UK households clearing their driveways of snow being warned to make sure they do so correctly to avoid potential legal action, according to the Express.
A top solicitor advises that poorly clearing your driveway of snow can put you at greater legal risk than not clearing it at all. While there is no law preventing you from clearing snow from your driveway, it is crucial to ensure you don't make the pathway more hazardous than before.
The Department of Transport has issued guidance suggesting that residents can clear snow and ice from pavements themselves, stating: "You can clear snow and ice from pavements yourself. It's unlikely that you'll be sued or held responsible if someone is injured on a path or pavement if you've cleared it carefully", reports Yorkshire Live.
However, legal experts have warned homeowners about the potential for liability if their clearing efforts are not up to standard. In a BBC Radio interview, Hugh Rowland of Gotelee Solicitors LLP stressed the importance of properly clearing driveways to avoid any legal issues.
He advised: "People are not under a duty to clear public paths outside their home or shop, and the truth is that if they do chose to clear a public path, and they don't do it well, and someone hurts themselves, then they could potentially be liable if the injured person chooses to sue them."
Discussing the responsibilities of private landholders, he added: "When it comes to private land that you occupy, you are under a duty to take reasonable steps to ensure that your visitors are safe. So do you clear the snow or do you leave it for fear that you might make a worse icy hazard? " And warned: "If you do clear it, then you have got to make sure that you do it well and that you maintain it. Because, if you make it more dangerous than it was before then you will be creating a hazard and you may be liable if someone hurts themselves as a result."
The Department of Transport has issued guidance suggesting that residents can clear snow and ice from pavements themselves, stating: "You can clear snow and ice from pavements yourself. It's unlikely that you'll be sued or held responsible if someone is injured on a path or pavement if you've cleared it carefully."
However, legal experts have warned homeowners about the potential for liability if their clearing efforts are not up to standard. In a BBC Radio interview, Hugh Rowland of Gotelee Solicitors LLP stressed the importance of properly clearing driveways to avoid any legal issues.
He advised: "People are not under a duty to clear public paths outside their home or shop, and the truth is that if they do chose to clear a public path, and they don't do it well, and someone hurts themselves, then they could potentially be liable if the injured person chooses to sue them."
Discussing the responsibilities of private landholders, he added: "When it comes to private land that you occupy, you are under a duty to take reasonable steps to ensure that your visitors are safe. So do you clear the snow or do you leave it for fear that you might make a worse icy hazard? " And warned: "If you do clear it, then you have got to make sure that you do it well and that you maintain it. Because, if you make it more dangerous than it was before then you will be creating a hazard and you may be liable if someone hurts themselves as a result."
For those brave enough to face the chill and clear the snow, here's a handy guide: "Overall, people should not be discouraged from clearing snow and assisting others. However, they should ensure they do it correctly to avoid increasing the risk of injury to others and liability for themselves."
"Start early when the snow is fresh and more manageable - you'll thank yourself for it."
"Absolutely avoid using water - it's a clear path to creating treacherous black ice. Go for salt to not only clear but also prevent a slippery comeback. No salt? " "Ash and sand are your friends for that necessary grip. And remember, steps and slopes need extra care and a heavier sprinkle of whatever grit you're using; make them safe to avoid anyone taking an unintended slide."
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