Many of us have been hearing conflicting advice on if you could get sued from clearing the snow from in front of your house – the theory being that if you do nothing you couldn’t be sued if someone slipped up, but if you did attempt to clear it and someone hurt themselves you might find a claim against you.
Island MP Andrew Turner had been finding out what the actual situation is.
Here’s the information that he’s just sent us …
Andrew Turner has criticised the ‘ludicrous’ situation in which householders could potentially be sued for clearing snow and ice from public pavements in front of their homes. Any claimant would need to prove that the householder had acted negligently or maliciously, making a successful claim unlikely. The Island’s MP believes, though, that even the possibility of people facing litigation under such circumstances is a sad reflection on the compensation-culture that has ballooned in recent years.
Mr Turner said:
“A number of Islanders have raised this subject with me and it is clear that some people feel prevented from clearing the snow and ice from pavements in a public-spirited way because they fear litigation. The risk of being sued has been widely reported but, in fact, making a successful claim would be quite difficult. The claimant would have to prove that the householder, who had cleared the pavement, was responsible for their injury – and that would clearly be very difficult. However, it is understandable that some people do not want to put themselves in the position of possibly having to defend their actions.
“Householders also have a legal duty to ensure their private premises are reasonably safe for visitors. You have the ludicrous position where, theoretically, you could be sued by the postman for not clearing snow and ice from your front path, and also by a member of the public for clearing snow and ice from the pavement and being a good citizen. Both are very unlikely but even a remote risk of legal action is confusing and worrying for people.
“Doubtless the ‘no-win, no-fee’ personal-injury lawyers, who advertise nationally, will be trying to persuade people that they are entitled to make some money out of accidents – but I think it is very sad when people are discouraged from doing something to help others by such concerns. I hope people understand that it is not as big a risk as they may fear.”
Mr Turner is writing to Tessa Jowell MP, the Minister for the Cabinet Office to point out how ridiculous the current legal situation is and to ask her what plans she has to change it.
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