A fresh alternative Home | News & events | Legal updates | To grit or not to grit?

To grit or not to grit?

26 January 2010

The winter of 2009/2010 was said to be the coldest for 30 years.

Whilst children have welcomed the additional time off school, the arctic conditions have caused havoc, with hospital admissions rocketing with slippers and trippers.

Elderly people in particular have found it difficult to leave their homes for fear of falling and hurting themselves. Many registered providers (RPs) who own schemes for the over 65s have asked what they should do about icy and snow-covered pathways. Many fear that by clearing snow and ice they would be creating more problems and, in turn, liabilities.

The starting point for legal responsibility in such circumstances is the Occupier’s Liability Act 1957 (as amended by the 1984 Act).  Any ‘occupier of premises’ is under a duty of care to ‘take such care as in all the circumstances of the case is reasonable’ to ensure any ‘visitors’ – this would include residents – will be reasonably safe when using the premises.

The case law surrounding the interpretation of this Act is not particularly clear.

What is clear is that an occupier of land – an RP – should take all reasonable steps in order to ensure their elderly residents are safe. By simply clearing the snow, RPs could inadvertently create a hazard by instead having an icy pathway. It is therefore advisable to grit pathways as well as clear them, ensuring they remain safe. 

RPs should keep a log of when pathways were gritted in case questions do arise about what the RP has done.

Finally, grit bins should be kept topped up so colleagues can grit pathways at regular intervals.

© Shoosmiths. This page is for general information: it is not legal advice. Please read our full terms and conditions for details of the disclaimers and exclusions which apply.

Are any of the issues in this article giving you a headache? If so, we want to know

Name *

Comments*

The information you provide here will be used solely for the purposes of responding to your query for more information see our privacy policy.
 

Get in touch

Dot Pawlowski

Associate
T: 03700 86 4197
I: +44 (0)121 625 4197
E: dot.pawlowski@shoosmiths.co.uk