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Legal Issues on Clearing Snow and Ice
Legal Issues on Clearing Snow and Ice
Frequently asked questions:
Should you clear snow and ice from outside your work premises?
Should you clear snow and ice from outside your home?
Will i be held responsible and sued if someone slips on snow or ice after I have cleared it?
What is the law surrounding clearing snow and ice from a work premises?
What does the law say about the Council's obligation to clear roads, footpaths and carparks?
Is there a set procedure for clearing snow and ice?
How much salt or grit will i need?
How long will the salt keep if i don't use it?
I heard that if you clear snow or ice and don't clear it properly you can get sued if someone falls, is this true?
The latest Government advice confirms that despite some media reports to the contrary, it is extremely unlikely that someone who has attempted to clear snow in a careful manner will be sued or held legally responsible if someone slips or falls on their property.
This view has been reflected in the Government's website DirectGov"people walking on snow and ice have responsibility to be careful themselves."
It advises that people follow the Snow Code and use salt or grit on icy patches and snow on pathways - DO NOT USE WATER TO MELT ICE OR SNOW - "If you use water to melt the snow, it may refreeze and turn to black ice."
Further to this, there is an obligation on business owners to clear the publicly accessible areas of their premises. It is more likely that a business will be held responsible for a slip on ice or snow where it is perceivable that they would have known of the hazard and done nothing about it.
Should you clear snow and ice from outside your work premises?
The Government advice is clear. There is a duty of care on business owners who are obligated to take such care as is reasonable in all the circumstances for the safety of visitors. For example, a station car park is a place to which drivers are "invited" as are rail passengers and leaving it un-gritted on an icy night is a breach of the duty of the station owner or controller under the Occupiers' Liability Act 1957; The duty in negligence is the same as the duty under the Occupiers' Liability Act 1957.
Should you clear snow and ice from outside your home?
The Government advises not to be put off by clearing snow or ice outside your home as people walking on snow or ice have a responsibility to look after themselves. It also recommends that you should offer to clear your neighbours' paths especially if they would have difficulty getting in and out of their home in particular for elderly and disabled neighbours.
The person clearing the snow does have responsibilities when clearing snow or ice, mainly to ensure that they are not making the area more dangerous by allowing it to refreeze - i.e. by using boiling water to melt the snow or ice which will eventually re-freeze. - Salt or Grit should always be used.
Will I be held responsible and sued if someone slips on snow or ice after I have cleared it?
The person clearing the snow does have responsibilities when clearing snow or ice, mainly to ensure that they are not making the area more dangerous by allowing it to refreeze - i.e. by using boiling water to melt the snow or ice which will eventually re-freeze. - Salt or Grit should always be used. The Governments advice is that it is extremely unlikely that someone who has attempted to clear snow in a careful manner will be sued or held legally responsible if someone slips or falls on their property. Always follow the Snow Code so you adhere to the Government's own guidelines. If you clear your own premises from snow or ice, you must ensure that you do not deposit the snow on a right of way or any other location where it may cause an obstruction or hazard.
It is more likely that you will be held responsible for a slip on ice or snow where it is perceivable that you would have known of the hazard and done nothing about it.
What is the law surrounding clearing snow and ice from a work premises?
The law is based on the owner or operator of the business premises to provide a duty of care to your customers especially where you have a carpark area and customers are 'invited'. If the liability is for negligence there may be liability under the Occupiers' Liability Act 1957. Where someone is likely to walk on your property, and you also know that it is slippery, you must take reasonable steps to keep those people safe.
What does the law say about the Council's obligation to clear roads, footpaths and carparks?
Under the Highways Act 1980, the council must ensure that safe passage along a highway is not endangered by snow or ice. Private carparks and footpaths are the obligation of the owner. There is still some ambiguity surrounding the Council's obligation (legal or moral) to clear publicly owned footpaths. According to the Highways Act 1980, Councils are required to ensure the public can have safe passage "so far as is reasonably practicable" on roads and pavements. In addition to using gritting vehicles and snow-ploughs to keep roads and pavements free of ice and snow, most councils also provide grit bins, usually located on steep gradients or near sharp bends, so that members of the public can spread grit to reduce the slipping hazard. You can contact your local council for further information.
Is there a set procedure for clearing snow and ice?
Yes, you should follow the Government's advice on clearing ice and snow which it calls the Snow Code. The following advice can be found on the Government advice site www.direct.gov.uk
How long will the salt keep if i don't use it?
Remember, if you don't use all the salt you buy this year, as long as it is stored properly it will still be there for next year. In fact if it is stored in a dry environment or at least where it is not directly going to get wet it should last for many years. Special considerations should be taken for 'non-salt de-icers' such as exoTHAW Calcium Chloride. As this is hygroscopic, it needs to be stored in a dry environment - eg inside.
What is the difference between salt and grit
Salt and Grit have the same chemical reaction with snow and ice. The main ingredient is Sodium Chloride (natural salt - the same as your table salt). Rock Salt Grit is the brown salt that is mined from several locations around the world. Our Rock Salt Grit comes from underneath the Belfast Lough from a seam that runs all the way to Russia. It has a brown colour and contains 'marl' which is grit particles of siltstone and mudstone which is naturally present within it. We do not add grit or sand to our products - we are aware, however, that some suppliers do. White Rock Salt is either mined from white salt seams of evaporated ancient seas that have been buried under the ground, but is more likely to be made from a process of evaporation on large water bodies (i.e. the sea) above the ground using the sun. The salt crystals are formed and the term 'rock salt' is used to define the larger rock-like crystals that are formed. Our White Marine Salt is a finer-grade salt than regular rock salt. It is stored in breathable bags so it keeps a higher moisture content which makes it faster acting (due to its smaller particle size and moisture) than rock salt / grit.
How much salt or grit will i need?
The amount of salt, grit or ice melt will depend on a number of factors including ground moisture, whether it is put down directly onto snow, the humidity of the snow, wind, traffic, further snowfall, shade, ground and air temperatures etc.
As a rough guide you can work on the following :
Example 1: Works yard and access road
1500sqf - approx 15kg per application
You may need to apply 2 or 3 times in a 24 hour period depending on traffic and conditions. Best applying in the evening before the cold night sets in, then again after fresh snow has been cleared in the morning and possibly again during the day.
If snow and/or icy conditions last for 3 weeks, you could use as much as 50+ 25kg bags.
Example 2: Shop/School/Hall car park - 9 car parking spaces
Approx 500sqf - approx 7kg per application
If snow and/or icy conditions are set to last 3 weeks, you are best having approximately 20 bags at hand.
Best application is using a grit spreader to get an even spread especially in large areas without the clumping associated with shovel-scattering.
These are only a rough guide and you may need more than the amounts shown above especially in worsening conditions, where spreading may have to take place several times a day in heavy snow. Always clear snow away when possible before spreading grit.
** We are not solicitors and cannot give legal advice. The information above is not intended to be advice on any legal issue or to provide you with advice on the law relating to any specific issues. You should satisfy yourself as to your own legal obligations seeking professional advice where appropriate.
Rock Salt Grit - Brown Salt - 25kg bag
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exoTHAW - 'Non-Salt' Exothermic De-icer - Calcium Chloride Formulation 60 x 6kg tubs
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