As the long nights start to draw in and temperatures plummet many people will be reminded of the widespread snow and ice that has been a feature of UK winters in recent years.
News stories about transport disruptions and school closures at this time of year are nothing new but in recent years they have been accompanied by articles examining local authorities’ gritting policies and the potential liabilities associated with slips, trips and skids on icy surfaces.
Highways
S.41(1A) of the Highways Act requires Highways Authorities to ensure that, so far as is reasonably practicable, safe passage along a highway is not endangered by snow and ice. Similar provisions apply in Scotland under Section 34 of the Roads (Scotland) Act 1984.
What is reasonably practicable will depend on circumstances – it is not expected that every road will be gritted – but Authorities should put in place a Winter Maintenance Plan compliant with the UK Roads Liaison Group’s Well Maintained Highways: Code of Practice for Highway Maintenance Management. Click here to view
Implementing an appropriate plan and executing it should allow an Authority to successfully defend any claims made against them.
Bodies other than Highways Agencies, such as local or parish councils, may occasionally also take on responsibility for gritting parts of the highway, such as footpaths. Assuming this responsibility means also assuming the liabilities that go with it. Again, implementing and following a documented plan is the key to defending claims.
Paths, Car Parks and Open Spaces
Under the Occupiers Liability Acts of 1957 and 1984 occupiers must take reasonable steps to ensure that visitors and trespassers are reasonably safe when on the premises.
In respect of winter maintenance the premises in question will usually be external spaces such as paths, car parks and open spaces. Complying with the duty of care imposed by the Acts may require gritting but other actions may be appropriate such as clearing snow, erecting signs warning of ice or even fencing off areas that are deemed to be hazardous.
Risk assessments should be carried out to determine the correct approach and these will take account of factors such as:
- The conditions present – how treacherous are the premises?
- Expected footfall/use of the premises – how many people will be exposed to the risk?
- Who will be exposed to the risk – is an icy path likely to be used by vulnerable people such as children or the elderly?
- How crucial is access to the premises – would it be better to close off and deny access to an icy car park?
As always risk assessments should be formally documented and the reasons behind decisions should be recorded.
For more information on managing the risks associated with premises in the winter contact your Zurich Municipal risk and insurance consultant.
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