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wur
11 Jan 10 10:43
Joined:
Date Joined: 25 Aug 03
| Topic/replies: 4,387 | Blogger: wur's blog
Householders and businesses have been warned not to clear snowy pavements - as they could be sued if someone slips.
Icy paths mean hospitals have been inundated with patients who have broken bones in falls.
But the professional body that represents health-and-safety experts has warned businesses not to grit public paths.

More than 50 people turned out to dig snow and ice from pathways and the carpark at Elson Junior School, Gosport, Hampshire today
In its guidance to members, the Institution of Occupational Safety and Health warns that if people assume an area is clear and then slip and injure themselves, they could take legal action claiming damages.

And members of the public say they have been warned by councils about the legal risks.

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Replies: 40
By:
Five By Five
When: 11 Jan 10 10:46
Its a great time to be alive isnt it... nothing is anyones own fault anymore always someone else to blame/sue for compensation.
By:
MRGRUMPY1
When: 11 Jan 10 10:46
Have now replaced all snow to its original place.
By:
travelling_man..
When: 11 Jan 10 10:48
So now the biggest threat to people's health and safety is Health and Safety :(
By:
what do i do now?
When: 11 Jan 10 10:49
ah yes, 21st century britain.

and yr also guilty, unless u can prove yr innocence.
By:
Barry Conway
When: 11 Jan 10 10:50
Nonsense. I thought this urban myth had already been put to bed.
By:
Ovalman.
When: 11 Jan 10 10:50
Heard that the other day about shop fronts. PC gone mad.

I also seen one lady throwing a bucket of boiling water down her path to clear it. I said nothing :0
By:
Reyes
When: 11 Jan 10 10:54
if only it were nonsense Barry.

http://www.telegraph.co.uk/comment/telegraph-view/6957957/Frozen-Britain-our-health-and-safety-rules-have-slipped-up-again.html

The president of the Association of Personal Injury Lawyers sums up the predicament thus: "If you do nothing, you cannot be liable. If you do something, you could be."
By:
MRGRUMPY1
When: 11 Jan 10 10:55
^ so a third of the population will never be liable for anything.
By:
The beauty of Buzzer
When: 11 Jan 10 11:01
Admittedly, the chances of success for a case brought against a well-meaning pavement-cleaner may not be high, but they do not need to be.

The chances of success of suing a well meaning pavement cleaner will be none , this article is just rubbish and should be ignored .
By:
baracouda30
When: 11 Jan 10 13:18
Very much the done thing to moan about H&S these days.

I just wish I could be sure that the people that moan wouldn't take the chance to earn a few quid if they could.

Anyway, cleared mine this morning. If someone slips and sues, I'll deny all knowledge and say it must have been a good samaritan.
By:
No chatname registerd
When: 11 Jan 10 13:37
To be fair, its the wrong kind of snow.
By:
flatliner
When: 11 Jan 10 14:16
Tell me about it.....
By:
tol5tov
When: 11 Jan 10 14:21
did the pavement outside mine and next doors house yesterday.
By:
Ivor
When: 11 Jan 10 14:22
you're looking at a 'Community Service' sentence for that lot!
By:
tol5tov
When: 11 Jan 10 14:24
so i coud be sued for making it safer,does household insurance cover it,if it does i'm not arrised.
By:
Ghostdog
When: 11 Jan 10 14:24
Buzzer is correct. No chance of any successful
By:
Ghostdog
When: 11 Jan 10 14:24
No chance of any successful case against good samaritans.
By:
HH Sultan Vinegar
When: 11 Jan 10 14:32
I'll just say someone else must've done it in the night.
How can they prove it was me?
If someone's been sad enough to film me doing it then I'll have to take the rap.
Health and Safety - walofs.
By:
madsimon
When: 11 Jan 10 14:34
wonder if gocompare will find me the best deal on public liability for clearing snow protection?
By:
kingfisher 23
When: 11 Jan 10 14:35
dna when your nose was running as your were working mate, theyll track you down mate, be worried lol
By:
HH Sultan Vinegar
When: 11 Jan 10 14:37
:^0 kingfisher. Fvck them!
By:
kingfisher 23
When: 11 Jan 10 14:38
i have a spade , a bag of salt and a high vis in the boot. Cant be too careful. High vis to keep the H and S cronies happy :D
By:
madsimon
When: 11 Jan 10 14:43
have you done all you can to ensure the work of snow clearance will be done by an ethnic mix cureently reflecting your area?
By:
V4 Vendetta
When: 11 Jan 10 15:07
Government scared people might start doing something themselves and stop the next useless gravy train department being set up.
By:
HH Sultan Vinegar
When: 11 Jan 10 15:10
They said on our local news that the council are going to have an emergency meeting today to "review their grit policy."

It's going to be fascinating taking the minutes at that one imo.
By:
TheGoldenVision
When: 11 Jan 10 15:13
"The first thing we do, let's kill all the lawyers".. Shakespeare. King Henry VI act IV, Scene II

Not quite as Willie Boy intended but a bl00dy good starting point for most of todays ills.
By:
sibaroni
When: 11 Jan 10 15:23
i have read this guff in a few places, but have yet to read the basis for it. No court that I know of would stand for such a claim.
By:
wur
When: 11 Jan 10 15:40
Because it could be argued that clearing paths removes snow but leaves small patches of rock hard ice that you would need to break with a sledge hammer to get rid of. The apparently cleared path would create a false sense of security, but would actually be more dangerous than one covered in snow as it would be slippier and therefore more dangerous.

This should not apply to paths that have been gritted, though.
By:
sibaroni
When: 11 Jan 10 15:44
It could be, but it would be struck out at a very early stage, I am sure. This is the media behaving like d*cks, trust me. You will not see one succesful action on this basis.
By:
Kevin1958
When: 11 Jan 10 15:45
If anybody falls and breaks a leg and sues for compensation they should have their other leg broken as well. These **s are ruining our country.
By:
Joe Jordan
When: 11 Jan 10 15:46
MRGRUMPY1 11 Jan 11:46
Have now replaced all snow to its original place.
---------------------------
yellow side up ?
By:
sibaroni
When: 11 Jan 10 15:47
Kevin - it is not going to happen. Don't believe all that you read.
By:
Joe Jordan
When: 11 Jan 10 15:48
http://www.dailymail.co.uk/news/article-1242059/You-sued-clear-ice-paths-outside-home-health-safety-chiefs-warn.html
By:
Barry Conway
When: 11 Jan 10 15:50
http://www.dailymail.co.uk/news/article-1242059/foreigners-unsuitable-for-driving-buses-safety-chiefs-warn.html
By:
sibaroni
When: 11 Jan 10 15:51
the clue is in the title you paste Joe, the "Daily Mail" bit. You will not see one prosecution - unless some *rse hoses water across a footpath deliberately say, which is a rather different matter.
By:
HH Sultan Vinegar
When: 11 Jan 10 15:54
http://www.dailymail.co.uk/news/article-1242059/chitchat-forumites-stirringthe-sh1t-again-over-health-and-safety.html
By:
cretan
When: 11 Jan 10 17:36
Reyes - 'Association of Personal Injury Lawyers'.

Exactly - lawyers, not H&S.

Mind you, how many of you lot moaning would sue someone if you slipped.....? Its the way it is today and we (the great british public) created it & maintain it!!
By:
Klaus Kinski
When: 11 Jan 10 18:46
See below for response from IOSH

Tha Mail and Telegraph get it wrong again. You would nearly thing that they are doing it on purpose :)

The Occupier Liability Act dates from 1957. I haven't been able to find a single case where a successfull claim has been lodged.

[i]The Sunday Telegraph and Mail on Sunday both ran a story on Sunday 10 January claiming that IOSH was warning businesses not to grit public paths because this could lead to legal action. The Sunday Telegraph stated that,
By:
Five By Five
When: 11 Jan 10 18:49
http://www.iwcp.co.uk/news/news/residents-reluctant-to-clear-snow-for-fear-of-legal-action-30641.aspx
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