Snow! Am I the only one who has had enough?

Off-topic discussions, musings and chat
Post Reply
Bert
Posts: 159
Joined: Tue 16 Dec, 2008 6:04 pm

Post by Bert »

I've had more than one person stop to warn me, as I shovel snow off the footpath outside my house, that I ought not to do it 'cos if someone slips on the smooth surface I've created I'll be liable for damages, whereas if I just let nature take its course and they slip on rough pack-ice untouched by me I won't be. Don't know whether they're right or not but I always ignore them and carry on shovelling anyway. Mind you, if they are right it strikes me as ironic that, if my memory serves me correctly, the advice when I lived for four years in supposedly litigation-mad New York was exactly the opposite - if you didn't shovel the snow off your path and someone slipped you were liable, but not if you did shovel it off and they slipped. Maybe we could do with that rule here, with of course appropriate let-outs for the non-able bodied.

User avatar
chameleon
Site Admin
Posts: 5462
Joined: Thu 29 Mar, 2007 6:16 pm

Post by chameleon »

Bert wrote: I've had more than one person stop to warn me, as I shovel snow off the footpath outside my house, that I ought not to do it 'cos if someone slips on the smooth surface I've created I'll be liable for damages, whereas if I just let nature take its course and they slip on rough pack-ice untouched by me I won't be. Don't know whether they're right or not but I always ignore them and carry on shovelling anyway. Mind you, if they are right it strikes me as ironic that, if my memory serves me correctly, the advice when I lived for four years in supposedly litigation-mad New York was exactly the opposite - if you didn't shovel the snow off your path and someone slipped you were liable, but not if you did shovel it off and they slipped. Maybe we could do with that rule here, with of course appropriate let-outs for the non-able bodied. If an owner is made aware of a hazard about their property or premises where people could gain access, the owner has a Duty of Care to remove or act to minimise the risk, by remedying the issue or erecting physical barriers and so on.I think that unless you are being recklessly negligent in your actions and if you are acting in genuine good faith as it seems you are, there can be no liability or case, except in the minds of those after a quick buck (who deserve to come to grief and sufferLogical thought progression from there might raise the question of liability in the event of accident in this weather on a public footway or car park, if the Authority has been made aware of a serious problem ands can not show they reacted appropriately!Keep up the good work Bert ( you are of course being compliant with HAS working on the HIgway, wearing your PPE aren’t you, Safety Helmet, hard boots, high viss vest and of course warning signs at appropriate places to warn motorists they will damage their cars if they drive with their eyes closed and run into you)

Si
Posts: 4480
Joined: Wed 10 Oct, 2007 7:22 am
Location: Otley

Post by Si »

What happens if you do yourself a mischief tripping over one of those yellow temporary "Attention! Slippery surface" signs?    

User avatar
chameleon
Site Admin
Posts: 5462
Joined: Thu 29 Mar, 2007 6:16 pm

Post by chameleon »

Si wrote: What happens if you do yourself a mischief tripping over one of those yellow temporary "Attention! Slippery surface" signs?     Like the ones our cleaner's manager insists MUST be left on the threshold to the tiled kitchens when the floor is washed - the day will come Si - I was that pd with one contractors overkill that I made up a sign to put in front of his ' Caution - hazzard of signs ahead' Not amused but the staff and visitors ere

Bert
Posts: 159
Joined: Tue 16 Dec, 2008 6:04 pm

Post by Bert »

Thanks for the advice Chameleon. You've left me trying to deduce whether you're a lawyer or local government officer. Either way, obviously an enlightened one.

User avatar
chameleon
Site Admin
Posts: 5462
Joined: Thu 29 Mar, 2007 6:16 pm

Post by chameleon »

Bert wrote: Thanks for the advice Chameleon. You've left me trying to deduce whether you're a lawyer or local government officer. Either way, obviously an enlightened one. Worse - Central Gov with a former accommodation responsibility    

Si
Posts: 4480
Joined: Wed 10 Oct, 2007 7:22 am
Location: Otley

Post by Si »

chameleon wrote: Bert wrote: Thanks for the advice Chameleon. You've left me trying to deduce whether you're a lawyer or local government officer. Either way, obviously an enlightened one. Worse - Central Gov with a former accommodation responsibility     Wot? Governor of HMP Armley!?????

raveydavey
Posts: 2886
Joined: Thu 22 Mar, 2007 3:59 pm
Location: The Far East (of Leeds...)
Contact:

Post by raveydavey »

chameleon wrote: Bert wrote: I've had more than one person stop to warn me, as I shovel snow off the footpath outside my house, that I ought not to do it 'cos if someone slips on the smooth surface I've created I'll be liable for damages, whereas if I just let nature take its course and they slip on rough pack-ice untouched by me I won't be. Don't know whether they're right or not but I always ignore them and carry on shovelling anyway. Mind you, if they are right it strikes me as ironic that, if my memory serves me correctly, the advice when I lived for four years in supposedly litigation-mad New York was exactly the opposite - if you didn't shovel the snow off your path and someone slipped you were liable, but not if you did shovel it off and they slipped. Maybe we could do with that rule here, with of course appropriate let-outs for the non-able bodied. If an owner is made aware of a hazard about their property or premises where people could gain access, the owner has a Duty of Care to remove or act to minimise the risk, by remedying the issue or erecting physical barriers and so on.I think that unless you are being recklessly negligent in your actions and if you are acting in genuine good faith as it seems you are, there can be no liability or case, except in the minds of those after a quick buck (who deserve to come to grief and sufferLogical thought progression from there might raise the question of liability in the event of accident in this weather on a public footway or car park, if the Authority has been made aware of a serious problem ands can not show they reacted appropriately!Keep up the good work Bert ( you are of course being compliant with HAS working on the HIgway, wearing your PPE aren’t you, Safety Helmet, hard boots, high viss vest and of course warning signs at appropriate places to warn motorists they will damage their cars if they drive with their eyes closed and run into you) You are quite right. It is a recognised legal defence (albeit quite a weak one) to leave the snow, etc untouched as "that is how God left it". Which presumably explains why none of the supermarkets around here have cleared their car parks
Speaking the Truth in times of universal deceit is a revolutionary act – George Orwell

Bert
Posts: 159
Joined: Tue 16 Dec, 2008 6:04 pm

Post by Bert »

chameleon wrote: Bert wrote: Thanks for the advice Chameleon. You've left me trying to deduce whether you're a lawyer or local government officer. Either way, obviously an enlightened one. Worse - Central Gov with a former accommodation responsibility     As one central government man to another, I salute you Chameleon. And you Raveydavey?

User avatar
chameleon
Site Admin
Posts: 5462
Joined: Thu 29 Mar, 2007 6:16 pm

Post by chameleon »

raveydavey wrote: chameleon wrote: Bert wrote: I've had more than one person stop to warn me, as I shovel snow off the footpath outside my house, that I ought not to do it 'cos if someone slips on the smooth surface I've created I'll be liable for damages, whereas if I just let nature take its course and they slip on rough pack-ice untouched by me I won't be. Don't know whether they're right or not but I always ignore them and carry on shovelling anyway. Mind you, if they are right it strikes me as ironic that, if my memory serves me correctly, the advice when I lived for four years in supposedly litigation-mad New York was exactly the opposite - if you didn't shovel the snow off your path and someone slipped you were liable, but not if you did shovel it off and they slipped. Maybe we could do with that rule here, with of course appropriate let-outs for the non-able bodied. If an owner is made aware of a hazard about their property or premises where people could gain access, the owner has a Duty of Care to remove or act to minimise the risk, by remedying the issue or erecting physical barriers and so on.I think that unless you are being recklessly negligent in your actions and if you are acting in genuine good faith as it seems you are, there can be no liability or case, except in the minds of those after a quick buck (who deserve to come to grief and sufferLogical thought progression from there might raise the question of liability in the event of accident in this weather on a public footway or car park, if the Authority has been made aware of a serious problem ands can not show they reacted appropriately!Keep up the good work Bert ( you are of course being compliant with HAS working on the HIgway, wearing your PPE aren’t you, Safety Helmet, hard boots, high viss vest and of course warning signs at appropriate places to warn motorists they will damage their cars if they drive with their eyes closed and run into you) You are quite right. It is a recognised legal defence (albeit quite a weak one) to leave the snow, etc untouched as "that is how God left it". Which presumably explains why none of the supermarkets around here have cleared their car parks As the insurers would say - Force Majour - akin to act of God. Doesn't do much for trade though, just adds to the perception of customer service? pardon?

Post Reply