As the temperatures fall around the UK the number of personal injury claims is expected to rise. Historically snowy and icy roads and paths have led to significant injuries many of which end up in the courts. Some of the journeys we take for granted can become extremely treacherous when snow and ice are added to the mix. However, there is some confusion as to where individuals and companies stand with regard to personal injury claims caused by slipping on snow and ice.
The Highways Act of 1980
The Highways Act of 1980 is central to any complaints against local authorities and accidents which occur on pavements and roads under their control. This area of the legal system is not as straightforward as you might assume with councils having a duty to ensure that pavements and roads are safe to use “as far as is reasonably practical”. This is where the issue becomes a little blurred with the statement “reasonably practical” coming into play.
We will take a look at actions required when accidents occur on roads and pavements, and indeed private land, but it is worth noting one very important point. It is unreasonable to expect any local authority or private individual/company to ensure roads and footpaths are as safe as possible in the immediate aftermath of snow or ice forming. This is where the issue of “freshly frozen or snow-covered pavements” comes into play because there is an argument that the third parties have not had time to react.
Negligence By Local Authorities
There will be many accidents over the coming weeks and months as the winter weather draws in and the temperatures plummet. Negligence by local authorities will no doubt hit the headlines especially as we are operating in an austerity max environment. For those who experience accidents and potentially traumatic falls, there may be legitimate claims for compensation. If the authorities have not acted swiftly enough, within a reasonable timescale, to address snow and ice on public pathways and highways there is a significant possibility of a successful claim.
Over the years we have seen issues where authorities have been warned about potential problems within certain areas under their control. If it is proven that the authorities failed to act on these warnings then this significantly reduces their defences if a personal injury claim was to go to court.
It is also worth noting that not all accidents relating to snow and ice will result in successful personal injury claims because the individuals themselves also need to take some responsibility. Perhaps an accident occurred in an area away from the beaten track or an area which it would be reasonable to consider would be dangerous to walk on. This can significantly reduce the strength of a potential personal injury claim.
Claims Against Companies/ Individuals
Even though the vast majority of winter personal injury claims involve local authorities there are also many involving companies and individuals. If a third party was to have an accident on your private property, whether they should have been there or not, there may be a valid personal injury claim. The government has some very simple advice for individuals and companies when clearing snow and ice which include: –
- Do not use hot water as this will refreeze.
- If possible use salt as this will stop refreezing overnight.
- Carry out clearing activities as early in the day as possible.
These are very simple suggestions but if you take notice of them you could protect yourself from significant personal injury claims. Remember, if you have taken reasonable steps to tackle the issue then this may at worst reduce any potential liability or ensure a claim does not make it to the courts. As long as you are seen to be attempting to tackle the issue this will certainly go in your favour in the event of a court case and financial compensation claim.
Making A Claim For Personal Injury
If you have had an accident as a result of ice or snow on pathways or highways then you may be able to claim compensation.
It is vital that you record as much information as possible after your accident has occurred such as time, and location and take as many photographs as possible. While this may not be the first thing on your mind when you have an accident, many of which can be extremely painful, it is vital you note down as much information as possible. Many potential claimants have revisited the scene of their accident at a later date only to find that the weather conditions have changed dramatically or the area has been cleaned. While this would not necessarily stop your claim in its tracks, a lack of evidence may harm your chances of success.
There is also one other issue to remember if you do have an accident and there are witnesses it is vital that you take down their contact details. They could be an extremely vital element of any court case in the future and strengthen your case significantly.
Medical Examinations
In the event of an accident due to ice or snow, it is vital that you arrange a medical examination as soon as possible. Some of us will likely know of individuals who have had painful accidents but refused to arrange medical examinations yet still try to pursue claims through the courts. Even if you do not necessarily feel uncomfortable immediately after an accident, remember as your adrenaline reduces in the aftermath you may begin to feel real pain. Therefore, you should always arrange a medical examination so that there is an official note of your incident and potential injuries.
Medical examinations from totally unconnected third parties can play a major role in any personal injury claim.
What Can You Claim For?
This is where it starts to get interesting when looking at exactly what you can claim for in the event of a third party being found liable for your accident. Depending upon the circumstances you may be able to claim for:-
- Medical expenses relating to the injury.
- Loss of earnings.
- Personal pain and suffering.
- A change in your immediate lifestyle.
The exact details of what you may be able to claim for will vary from case to case but it is fair to say that a strong personal injury claim could result in a significant payout if liability is proven. However, do not expect local authorities or private companies/ individuals to roll over without a fight. This is an area which is often susceptible to fraud and false claims therefore defendants and their legal representatives will not give up easily.
If you think you might have a claim then speak with one of our personal injury solicitors and they’ll be able to advise you further.
