Liabilities surrounding snow and ice clearance outside a private residence

Following the heavy snow falls experienced over the 2009/2010 winter period; there were a number of South Cambridgeshire District Council residents who requested information on issues surrounding the gritting of highways, public footpaths and access routes to their own properties. Therefore, before any extreme winter weather again takes a grip on the area, here is a short guide into winter gritting around Cambridgeshire.

Public Highways

The gritting of public highways is the responsibility of either Cambridgeshire County Council or in the case of County Trunk Roads (M11, A14, A1(M), A1, A11, A47 and A428) the Highways Agency is responsible. Information about highways gritting can be found on the Cambridgeshire County Council website (This link will open in a new window).

Private property owner/occupier general duties

Owners or occupiers of a private residence should not brush snow from their property on to the public pavement or highway. It is a public nuisance and could be considered as negligence to block the pavement or road by sweeping snow from your property.

Owners or occupiers also owe a general duty of care to avoid injury to anyone who might foreseeably suffer as a result of the property owner or occupier's actions.

It is this duty that can bestow liability if a resident attempts to clear the public pavement outside their property but does a poor job and someone slips and is injured as a result. Here the law can impose liability for the failure to take reasonable care to prevent injury.

Private landowners are not obliged to clear snow or ice from the highway, even if the road or pavement passes over their land. By sweeping snow from one part of the pavement you can create a danger in another area and if someone is injured, you may be liable for negligence or nuisance.

On your own land, it is a different matter. You owe visitors a duty under the Occupiers Liability Act 1984 to take reasonable care to ensure that they are reasonably safe. This means that if you know someone (such as the postman) is likely to walk up your garden path, and you also know that the garden path is slippery, you must take reasonable steps to clear the path of snow and grit it, if necessary.

Owners and occupiers of private residences are therefore quite right to clear their own paths, but are taking a legal risk in clearing the public pavement - no matter how public-spirited their actions may seem.

Note

It is down to residents to make a judgement as to what areas of their property require snow and ice clearance. South Cambridgeshire District Council does not provide legal advice to residents and therefore the information given in this article is as guidance only and should residents require legal advice, they should contact a solicitor.

Government Advice

The Government has issued new guidance in October 2010 on the issue of snow clearance, which is entitled the 'Snow Code'. This provides the following information to private residents:

Last winter many people helped keep pavements and public spaces around their homes clear of snow. However, many people were put off doing so because of fears of being sued. Read on for advice on your rights and responsibilities when clearing snow and ice from public areas.

The law on clearing snow and ice from public spaces
There is no law stopping you from clearing snow and ice on the pavement outside your property, pathways to your property or public spaces.

If an accident did happen, it's highly unlikely that you would be sued as long as you are careful and use common sense to make sure that you don't make the pavement or pathway clearly more dangerous than before.People using areas affected by snow and ice also have responsibility to be careful themselves.

Tips and advice on clearing snow and ice
Start early - it's much easier to clear fresh, loose snow compared to compacted ice that has been compressed by people walking on it.
Don't use hot water - this will melt the snow, but may replace it with black ice, increasing the risk of injury.
Be a good neighbour - some people may be unable to clear snow and ice on paths from their property.
If shovelling snow, think where you are going to put it so that it doesn't block people's paths or drainage channels.
Make a pathway down the middle of the area to be cleared first, so you have a clear surface to walk on.
Spreading some salt on the area you have cleared will help stop ice forming - table salt or dishwasher salt will work, but avoid spreading on plants or grass as they may be damaged by it.
Pay particular care and attention to steps and steep gradients.
Use the sun to your advantage - removing the top layer of snow will allow the sun to melt any ice beneath; however you will need to cover any ice with salt to stop it refreezing overnight.
If there's no salt available, sand or ash are good alternatives.

For further information visit the Directgov website: www.direct.gov.uk