Can someone sue if they slip outside your house?

tommy21

This is purely hypothetical - reading another thread it raised this question for me. If someone were to slip outside your house due to ice and/or snow, would you be open to being sued for their injuries? I have been gritting from either end of our wall as much for this reason as out of common courtesy, but would like to know if:

(a) you did nothing and someone tripped, slipped etc. could they sue you and/or the council or jointly sue?

or

(b) only sue if you took it on yourself to clear the ice or salt and did so in a dangerous or poor manner (something I recall from recent advise issued to business owners).

Just a query, as I said hypothetical but it would be a worry I guess!

kincsem

Irish Independent Saturday 18 December 2010

PUBLIC NOTICE
SEVERE WEATHER

Met Eireann has issued a severe weather alert for the entire country running into next week with ice forecast for day and night and extensive snow in many parts of the country.

Clearing your Paths *
As part of our public safety response we are requesting all householders and commercial outlets to clear both the private and public footpaths in front of their premises as soon as possible after each snowfall (when it is easiest) to prevent this snow from compacting to ice as we experienced over the last 3 weeks. You are also asked to assist your neighbours where possible.

Roads
Local Authorities have mobilised staff, plant and materials to combat this severe weather and these resources are being deployed on the priority National Primary routes followed by other locally identified priority routes.

* The advice received from the Office of the Attorney general is that liability does not arise for snow that is cleared in a safe manner on footpaths or in front of premises. In relation to people gritting their own roads with grit supplied by the local authorities the legal advice is that the issue of liability does not arise where the material is delivered, stored and used in a safe manner and does not cause hazard.

Issued on behalf of the Inter-Department Government Task Force


Tell ten people they can clear their paths, and tell them to pass the message on to another ten people.
This "I didn't clear the footpath because I might be sued" is an urban myth, and my guess is the person telling you is a lazy person who is waiting for others to do their civic duty.

tommy21

kincsem wrote: »

Irish Independent Saturday 18 December 2010

PUBLIC NOTICE
SEVERE WEATHER

Met Eireann has issued a severe weather alert for the entire country running into next week with ice forecast for day and night and extensive snow in many parts of the country.

Clearing your Paths *
As part of our public safety response we are requesting all householders and commercial outlets to clear both the private and public footpaths in front of their premises as soon as possible after each snowfall (when it is easiest) to prevent this snow from compacting to ice as we experienced over the last 3 weeks. You are also asked to assist your neighbours where possible.

Roads
Local Authorities have mobilised staff, plant and materials to combat this severe weather and these resources are being deployed on the priority National Primary routes followed by other locally identified priority routes.

* The advice received from the Office of the Attorney general is that liability does not arise for snow that is cleared in a safe manner on footpaths or in front of premises. In relation to people gritting their own roads with grit supplied by the local authorities the legal advice is that the issue of liability does not arise where the material is delivered, stored and used in a safe manner and does not cause hazard.

Issued on behalf of the Inter-Department Government Task Force


Tell ten people they can clear their paths, and tell them to pass the message on to another ten people.
This "I didn't clear the footpath because I might be sued" is an urban myth, and my guess is the person telling you is a lazy person who is waiting for others to do their civic duty.

Thanks for your response. Nobody told me as such I just wondered. That notice is useful but says little in the way of actual legal culpability. Does anyone know if there has ever been a successful case against a residential house owner? Will keep gritting anyway as I'm a Ned Flanders but just interested!

Wolfe Tone

The advice received from the Office of the Attorney general is that liability does not arise for snow that is cleared in a safe manner on footpaths or in front of premises. In relation to people gritting their own roads with grit supplied by the local authorities the legal advice is that the issue of liability does not arise where the material is delivered, stored and used in a safe manner and does not cause hazard.

Define these.


Is scraping all the snow into a big pile a "safe manner"?

Mark27

Just make a fair and reasonable effort to clear ALL the snow if you do decide to start on it. Dont go leaving lumps of snow in the patch you clear because if you do then you are creating the danger, causing the injury and therefore could be held liable.

If someone slips on a spot that you have cleared, once you have made a fair and reasonable effort to clear the snow and ice then you will be safe