clearing snow issue

faolteam

if someone clears the snow from there house on the path outside their house are they responsible if someone falls at that spot:eek:

cormie

I hope not...

faolteam

with information

drkpower

very possibly - but as with everything, it depends on the precise circumstances.

Did the snow make the pathway more dangerous than it already was (ie. it may already have been icy).

Could you have easily swept it straight onto the road/gutter rather than leave it on the path?

Baraboo

Is there a Law in Ireland which says you are responsible for cleaning the pathway outside your house of snow. I know there is in the U.S. and Canada but I do not think it applies here.

Reloc8

A person in those circumstances would be liable if what they did was negligent and caused an injury. So it will come down to what condition the area is left in by that person and whether an injury is caused. One way of assessing negligence might be whether you did anything which made the area worse than it already was. It would only take a very small increase in risk however to render the person in question liable.

dermot_sheehan

Could also be a claim in nuisance if the cleared snow interfered with the public's use of the public right of way.

metrovelvet

Who is responsible for clearing the ice rink that the road on the estate became? It was so bad a firetruck or ambulance wouldnt have been able to get to anyones house.

dermot_sheehan

If it's taken in charge, the local Roads Authority (i.e. county council).

Unfortunately you can not sue a local authority for non-feasance (failure to carry out a statutory duty), and you can't seek an order to compel them perform a statutory function which requires the expenditure of resources (Brady v. Cavan County Council).

bofster

There are strict regulations in Germany, Austria and Switzerland. Most German towns have a "street cleaning statute". Snow-shovelling requirements are spelled out in detail, even down to the minimum width of the cleared area and the time during which you must keep the snow cleared.
In fact, you are taking a theoretical legal risk if you clear the pavement in front of your home. It's the local authority's responsibility to clear snow and ice from the public highway. By sweeping snow from one part of the pavement to another, if done in a manner that caused injury to someone, there is a chance legal action could be taken against you .
A claimant would have to show you had acted either maliciously or carelessly, and that such a case would often be tricky in practice.
So do you wa'nt to see our orthopaedic wards fill with the elderly suffering from broken limbs or pelvis's, because we are afraid to engage in a civic duty.


On your own land, it is a different matter. You owe visitors a duty to take reasonable care to ensure that they are reasonably safe. So if you know someone is likely to walk up your garden path, like the postman, and you know it's slippery, you must take reasonable steps to clear it and grit it if necessary.

Jo King

Most house insurance policies have public liability and personal liability clauses which would indemnify the householder for claims arising out of people claiming to have been injured by the clearing of snow or the failure to clear snow. People should not be afraid to clear snow from the path outside their homes.

silverharp

fwiw gormlay on the RTE news said people wouldnt be. tbh sounds more like an urban myth to justify not having to lift a finger

Jo King

silverharp wrote: »

fwiw gormlay on the RTE news said people wouldnt be. tbh sounds more like an urban myth to justify not having to lift a finger

There is absolutely nothing to stop someone claiming. Whether it succeeds is another matter. It can be very stressful to have to defend a claim even if you are in the right. It will take time trouble and money. Many serial claimants have no assets and costs simply cannot be recovered from them People should check that they have proper insurance on their homes.