Moosey Posted February 3, 2009 Share Posted February 3, 2009 but by salting they accept there is a hazard, and if they don't salt completely and remove all teh hazard someone might still slip... it's madness! And it's wrong. Link to comment Share on other sites More sharing options...
Moosey Posted February 3, 2009 Share Posted February 3, 2009 Just so you have a nice full picture. Occupiers Liability Act 1957 - an occupier is liable for injuries caused on his premises, unless he has done all that he could reasonably be expected to do to prevent those injuries. The key word is reasonable. I'll put it in upper case too - REASONABLE. If I'd gone outside and thought - "ooh warm water will melt the snow, that's a good idea", then I'd be at risk. If I'd done my best to grit, then no I wouldnt. If any of you get sued for this, please, please, please bring me the papers, and I'll draft your defence for you, free of charge! Link to comment Share on other sites More sharing options...
Dark Moomin Posted February 3, 2009 Share Posted February 3, 2009 Just so you have a nice full picture. Occupiers Liability Act 1957 - an occupier is liable for injuries caused on his premises, unless he has done all that he could reasonably be expected to do to prevent those injuries. The key word is reasonable. I'll put it in upper case too - REASONABLE. If I'd gone outside and thought - "ooh warm water will melt the snow, that's a good idea", then I'd be at risk. If I'd done my best to grit, then no I wouldnt. If any of you get sued for this, please, please, please bring me the papers, and I'll draft your defence for you, free of charge! So in theory, someone could try to sue if you had tried to clear the snow, but not removed all the ice etc, however whether it would actually come to anything is another matter? Link to comment Share on other sites More sharing options...
Moosey Posted February 3, 2009 Share Posted February 3, 2009 So in theory, someone could try to sue if you had tried to clear the snow, but not removed all the ice etc, however whether it would actually come to anything is another matter? Absolutely. You can TRY to sue someone for anything you like. Given my knowledge of how insurers work, I once wondered how many would pay up if people just made a random spurious claim for say £500. It would cost them more to defend it, so I reckon a few would pay. Nice little earner there for the dishonest. The problem is that the media reports half the story. Yes some paedophile freak might sue the government saying his jail cell has no toilet. Its only wrong if he succeeds, which he wont (I suspect - I haven't looked into prison law for a long time!). I could sue you now. I could walk across the road, to the Court, lodge a claim form naming you as defendant and say I tripped over your dog's favourite toy, whilst I was burgling your house, and broke my arm. The paper could report that in a really sensationalist way that would sell lots of copies. I wouldn't win though, and no lawyer who doesnt want to be sacked for wasting money would take it on. If you've acted reasonably, your chances of being sued successfully are very slim. Link to comment Share on other sites More sharing options...
alchresearch Posted February 3, 2009 Share Posted February 3, 2009 What a pathetic world we live in. When I got home me and my neighbours made the effort to clear the paths of snow and put down grit on the roads and paths because it's a small cul-de-sac where the gritters never visit. Link to comment Share on other sites More sharing options...
wega3k Posted February 3, 2009 Share Posted February 3, 2009 Simple solution. Don't clear the snow immediately in front of your house, instead clear it in front of a neighbours and they clear in front of yours. Link to comment Share on other sites More sharing options...
Rich Posted February 3, 2009 Share Posted February 3, 2009 my wife and I have just been clearing the snow from the front of our house and a neighbour came out and said "if anybody slips there now they can sue you ", whats the world coming to ?. when I was a kid all the street would be out clearing the paths and road . I do think peoples attitudes have changed for the worse . I blame the Yanks, and all those annoying "no win no fee" claim companies who advertise constantly on the TV! The Americans have a "sue or be sued" policy for everything! And we in the UK, seeing as we HAVE to do everything America does, have followed suit! Link to comment Share on other sites More sharing options...
Moosey Posted February 3, 2009 Share Posted February 3, 2009 Have you last three not read anything I've posted there? Did it slip you by? You have NO CHANCE of a successful claim in these circumstances. NO CHANCE. Don't blame the americans, the french, blame the media for printing such rubbish, and you for believing it. Sorry to rant, but you completely passed by what I said (being a PI solicitor I'd like to think I know a few things about this subject) Link to comment Share on other sites More sharing options...
Bruce_Shark Posted February 3, 2009 Share Posted February 3, 2009 Have you last three not read anything I've posted there? Did it slip you by? You have NO CHANCE of a successful claim in these circumstances. NO CHANCE. Don't blame the americans, the french, blame the media for printing such rubbish, and you for believing it. Sorry to rant, but you completely passed by what I said (being a PI solicitor I'd like to think I know a few things about this subject) 100% correct. This whole thing is an urban myth. Link to comment Share on other sites More sharing options...
Alastair Posted February 3, 2009 Share Posted February 3, 2009 Blame the internet for spreading another daft bit of misinformation. It's becoming a real problem that needs addressing, there's so much bad information out there which is becoming "fact" because the internet spreads it to gullible people who then believe it. It's the same with all those conspiracy theories. Link to comment Share on other sites More sharing options...
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