Over the past few weeks I haven’t met anyone in Brighton who thinks the Conservative–led Council have done a good job of tackling the snow and ice we experienced before Christmas and again in the past few days. In particular, I feel for older people and disabled people who can’t get out in these conditions and are essentially trapped at home.

Pavements have been treacherous and many residential side streets have not been gritted. It’s a disgrace. Of course, that’s not a reflection of the very hard working council workers who have getting out there and clearing snow and gritting. They’ve been doing their best in adverse conditions.

That’s why it’s great that so many people have taken the time to clear the patch outside their homes or businesses. Hats off to everyone who has done that: it’s made getting about much safer.

Some people have asked whether clearing the paths makes the person who cleared the snow and ice liable should someone hurt themselves. I’m pleased that the council has provided some guidance on that. The good news is, you don’t need to worry and can get clearing!

The council website says:

http://www.brighton-hove.gov.uk/index.cfm?request=b1157184

Advice for residents clearing pavements

While we cannot give categorical legal advice for residents wishing to clear the pavements in their streets, we can say that it is unlikely to give rise to legal liability. Following any accidents, the claimant would need to show that:
1. the way the householder tried to clear the ice created or made the situation worse
2. the injury sustained is the result of the actions of the householder and not just snow/ice
3. the actions of the householder were not what one would expect a reasonable householder to have done
4. it was reasonably foreseeable that their action would cause damage or injury to passers by

It is therefore unlikely that any such claims would succeed.

Tags: snow

Posted on January 8, 2010 in City Council.