Clearing the snow from your path ,being sued .

[tinfoilhat]

thats how things become myth.

 

It is very much "he said she said". Reminds me of fining people for putting the wrong stuff in recycling bins. Nobody has had it happen to them but it's amazing how many people "know" someone who knows someone who it has happened to.

[gym_rat]

It is very much "he said she said". Reminds me of fining people for putting the wrong stuff in recycling bins. Nobody has had it happen to them but it's amazing how many people "know" someone who knows someone who it has happened to.

 

we had a guy on here last week who had a close relative on the legal team suing someone at the moment over snow clearing and even he couldn`t actually give any details when pushed.

[tinfoilhat]

we had a guy on here last week who had a close relative on the legal team suing someone at the moment over snow clearing and even he couldn`t actually give any details when pushed.

 

I did see that, but sadly I couldn't be bothered to read the many links. I shall google the subject and see if I can see a sad face person with snow shovel on a local newspaper website.

 

Interesting : the mail has found someone who had a postman start legal proceedings but dropped the case. Can't find anything else though.

 

http://www.dailymail.co.uk/news/article-2098008/Should-fined-dont-clear-snow-path-outside-house.html

[andyofborg]

It is very much "he said she said". Reminds me of fining people for putting the wrong stuff in recycling bins. Nobody has had it happen to them but it's amazing how many people "know" someone who knows someone who it has happened to.

 

i do know someone who was sacked for doing that, though to be fair it was his boss who he was putting in the bin.

[cgksheff]

............. Can't find anything else though.

 

............

 

Don't worry. We been through it a million times.

 

There is no recorded instance of a private resident being successfully sued for clearing snow from a public footpath.

[gym_rat]

Don't worry. We been through it a million times.

 

There is no recorded instance of a private resident being successfully sued for clearing snow from a public footpath.

 

so who was the guy last week whose "close family member" had "successfully won one case" and had "two or three more outstanding" but couldn`t even say which county it had taken place?

 

 

he wasn`t lying, was he?

[Moosey]

so who was the guy last week whose "close family member" had "successfully won one case" and had "two or three more outstanding" but couldn`t even say which county it had taken place?

 

 

he wasn`t lying, was he?

 

The law isn't absolute.

 

The relevant law, the Occupiers Liability Act, says that you have to take all reasonable steps to prevent accidents to visitors. What's reasonable? Well, if it's widely snowing, and you try to clear your drive, that's a reasonable step and you wouldn't be sued. Unreasonable would be clearing it with hot water that'll just freeze.

 

The chances of successfully pursuing a claim against a home owner are very slim. Over the last week or two, I've had about 15 of these claims on my desk, and turned down all but one. The one that's to be pursued is commercial premises, which are different.

 

Same goes for council owned areas. It's all down to reasonableness.

 

I'm not saying it's impossible to succeed in ice claims, but it's very difficult. Most won't succeed, but that doesn't rule out someone taking one to Court and a Judge finding for them. We assess cases on a percentage basis. If something has 50% prospects or more, we will proceed. That means, we'd expect to win the claim more likely than lose. Even if the prospects are 10%, meaning we'd expect to lose 9/10 of them, that still means one will win. You can't account for Judges.

 

Chances of being sued as a homeowner, unless you do something stupid, are very slim indeed.

[gym_rat]

The law isn't absolute.

 

The relevant law, the Occupiers Liability Act, says that you have to take all reasonable steps to prevent accidents to visitors. What's reasonable? Well, if it's widely snowing, and you try to clear your drive, that's a reasonable step and you wouldn't be sued. Unreasonable would be clearing it with hot water that'll just freeze.

 

The chances of successfully pursuing a claim against a home owner are very slim. Over the last week or two, I've had about 15 of these claims on my desk, and turned down all but one. The one that's to be pursued is commercial premises, which are different.

 

Same goes for council owned areas. It's all down to reasonableness.

 

I'm not saying it's impossible to succeed in ice claims, but it's very difficult. Most won't succeed, but that doesn't rule out someone taking one to Court and a Judge finding for them. We assess cases on a percentage basis. If something has 50% prospects or more, we will proceed. That means, we'd expect to win the claim more likely than lose. Even if the prospects are 10%, meaning we'd expect to lose 9/10 of them, that still means one will win. You can't account for Judges.

 

Chances of being sued as a homeowner, unless you do something stupid, are very slim indeed.

 

 

which is why, if ever I need a solicitor you`ll be first on my list, cheers mate

[Tony]

Government says: Go ahead, clear the snow.

 

Health & Safety Executive says: Go ahead, clear the snow.

[shanes teeth]

The law isn't absolute.

 

The relevant law, the Occupiers Liability Act, says that you have to take all reasonable steps to prevent accidents to visitors. What's reasonable? Well, if it's widely snowing, and you try to clear your drive, that's a reasonable step and you wouldn't be sued. Unreasonable would be clearing it with hot water that'll just freeze.

 

The chances of successfully pursuing a claim against a home owner are very slim. Over the last week or two, I've had about 15 of these claims on my desk, and turned down all but one. The one that's to be pursued is commercial premises, which are different.

 

Same goes for council owned areas. It's all down to reasonableness.

 

I'm not saying it's impossible to succeed in ice claims, but it's very difficult. Most won't succeed, but that doesn't rule out someone taking one to Court and a Judge finding for them. We assess cases on a percentage basis. If something has 50% prospects or more, we will proceed. That means, we'd expect to win the claim more likely than lose. Even if the prospects are 10%, meaning we'd expect to lose 9/10 of them, that still means one will win. You can't account for Judges.

 

Chances of being sued as a homeowner, unless you do something stupid, are very slim indeed.

 

And with that in mind,I now feel that I can go out and clear the snow from our drive with no worries.

Now then,where's me wellies.