Liability Claims: Avoiding Winter Slip-Ups

Overview

Recent months have seen forecasts of the UK being faced with the 'coldest winter' ever. Amidst predictions of increased snow and ice, insurers of employers and occupiers will be keen to ensure that they are complying with any obligations to protect employees and visitors from the risk of slips and falls.

Key issues to consider:

The Occupiers' Liability Acts, together with the Health and Safety at Work Act 1974 and associated regulations, impose duties protecting the safety of individuals while at work or visiting property For occupiers (businesses and individuals) this means the removal of ice and snow from paths and car parks. Warning signs will not usually be sufficient to discharge the duty owed Employers have a duty to ensure the safety of employees in the areas in which they work If a claimant has voluntarily undertaken a hazardous activity or has taken a risk, then this could negate any cause of action against a defendant or mean a finding of contributory negligence. There is no duty on defendants to protect against all risks Risks should be assessed, with systems put in place to manage it where appropriate. This may take the structure of monitoring temperatures, identifying areas likely to be affected by ice, and actions to be taken, such as gritting, diversions or covering thoroughfares A delay in implementing suitable risk prevention and the time available to respond to events will be a factor when a determination is made on whether or not there is a breach of duty Key legislation and guidance:

The Occupiers' Liability Acts 1957 and 1984 The Health and Safety at Work Act 1974 and associated regulations, impose duties protecting the safety of individuals while at work or visiting property Guidance from the Health and Safety Executive Occupiers' Liability

The Occupiers' Liability Act 1957 s2(2) imposes a duty on both private and business occupiers to:

Take care as is reasonable in the circumstances To ensure that visitors are safe for the purposes that they are invited or permitted by the occupier to be there Ensure that pathways and areas accessible to visitors are cleared of hazards caused by snow and ice These areas can include car parks, entrances, exits, driveways and pathways.

Warning signs?

Using a sign to warn people of the risk of snow and ice is unlikely to be sufficient to discharge the duties of an occupier.

A warning sign should be used in conjunction with positive action to prevent slips and trips - this may be...