Comments on: Clearing snow off the pavement: Can you be sued if you do it badly? http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/ Where to find Malcolm Coles, reviews, and tips on how to do things I couldn't do. Mon, 25 Mar 2013 16:22:31 +0000 hourly 1 http://wordpress.org/?v=3.0.4 By: Phil http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-18722 Phil Wed, 22 Dec 2010 11:33:58 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-18722 http://www.direct.gov.uk/en/Nl1/Newsroom/DG_191868 Will show you what to do. Go and clear the snow.. and no suing!! http://www.direct.gov.uk/en/Nl1/Newsroom/DG_191868

Will show you what to do. Go and clear the snow..

and no suing!!

]]> By: Tom Thomas http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-18568 Tom Thomas Fri, 17 Dec 2010 19:09:49 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-18568 I would just get out there and clear the snow away. All this rubbish about being sued, it ain't gonna happen. I would just get out there and clear the snow away. All this rubbish about being sued, it ain't gonna happen.

]]> By: Bob http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-18260 Bob Sun, 12 Dec 2010 13:26:14 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-18260 The last comment posted by 'Bob' on Dec 12 2010 at 1:37 am ! was not from the same Bob who commented on Jan 12 2010 at 6:06pm. I still think that a government minister should make a comment about this; again...'WHAT ARE WE PAYING POLITICIANS FOR ??'. it these people who don't give a sh*** and are only in it for making money. Its the same with ground rent leases.. another system set up for the benefit of legalised crime which the last government said they would abolish...but perhaps they don't like the idea of losing tax from it. ... Bob1... The last comment posted by 'Bob' on Dec 12 2010 at 1:37 am ! was not from the same Bob who commented on Jan 12 2010 at 6:06pm.

I still think that a government minister should make a comment about this; again...'WHAT ARE WE PAYING POLITICIANS FOR ??'. it these people who don't give a sh*** and are only in it for making money. Its the same with ground rent leases.. another system set up for the benefit of legalised crime which the last government said they would abolish...but perhaps they don't like the idea of losing tax from it.
... Bob1...

]]> By: Bob http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-18235 Bob Sun, 12 Dec 2010 00:37:01 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-18235 "I should point out that this risk of litigation seems fair enough to me" it's morons like you talking utter sh!te like the above that is ruining this country and any remaining sense of community that we have. Get off your lazy self serving arse and clear the pavement, if everyone does a little bit we'll all get on a lot better "I should point out that this risk of litigation seems fair enough to me"

it's morons like you talking utter sh!te like the above that is ruining this country and any remaining sense of community that we have. Get off your lazy self serving arse and clear the pavement, if everyone does a little bit we'll all get on a lot better

]]> By: Brin Dunsire http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-7198 Brin Dunsire Thu, 14 Jan 2010 14:32:08 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-7198 What we could do with, to cut through all this nonsense, is a statement by the Legal Aid Office saying they will not fund unmeritorious actions over snow clearance, and another by a group of judges saying they will not award costs against householders and businesses except in the most outrageous cases of incompetent clearing. That should see off the no-win-no-fee types and the speculative claimants. Unfortunately, our judges are unlikely to give any indication of their views outside of an actual case, as "each case is different". We therefore need a test case funded by a civic-responsibility body which is rejected in ringing fashion, and then widely reported. Simples ! What we could do with, to cut through all this nonsense, is a statement by the Legal Aid Office saying they will not fund unmeritorious actions over snow clearance, and another by a group of judges saying they will not award costs against householders and businesses except in the most outrageous cases of incompetent clearing. That should see off the no-win-no-fee types and the speculative claimants. Unfortunately, our judges are unlikely to give any indication of their views outside of an actual case, as "each case is different". We therefore need a test case funded by a civic-responsibility body which is rejected in ringing fashion, and then widely reported. Simples !

]]> By: andy bunday http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-7181 andy bunday Wed, 13 Jan 2010 19:55:18 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-7181 Thank you for raising this question online. I have been asking the same thing of all those who berate me for clearing the pavement outside my house. There may be a theoretical legal case to answer but can you imagine such a case making it to court? With so many variables at play, how could the blame be laid solely at the door of the person who cleared the road? Perhaps the person who fell wasn't paying attention - talking on a mobile maybe - or perhaps they were just unlucky, with nobody to blame. If you were a presiding magistrate how would you read it? Thank you for raising this question online. I have been asking the same thing of all those who berate me for clearing the pavement outside my house. There may be a theoretical legal case to answer but can you imagine such a case making it to court? With so many variables at play, how could the blame be laid solely at the door of the person who cleared the road? Perhaps the person who fell wasn't paying attention - talking on a mobile maybe - or perhaps they were just unlucky, with nobody to blame. If you were a presiding magistrate how would you read it?

]]> By: Anthony Jacques http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-7176 Anthony Jacques Wed, 13 Jan 2010 16:24:08 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-7176 Changing tack a bit on snow clearing, has anyone veer tried using a weed eater to melt it. You know those gas powered flame thrower things that people have to clear paths and beds of weeds and undergrowth - or a massive hot air blower. Changing tack a bit on snow clearing, has anyone veer tried using a weed eater to melt it. You know those gas powered flame thrower things that people have to clear paths and beds of weeds and undergrowth - or a massive hot air blower.

]]> By: Sunday Telegraph and Mail on Sunday accused of printing false comments from health and safety experts | Mark Pack http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-7167 Sunday Telegraph and Mail on Sunday accused of printing false comments from health and safety experts | Mark Pack Wed, 13 Jan 2010 13:06:20 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-7167 [...] where did the story come from? As explained by the IOSH in a comment on Malcolm Coles’s blog: This comment [quoted above] was ignored, and instead they took words from the “Just Ask” [...] [...] where did the story come from? As explained by the IOSH in a comment on Malcolm Coles’s blog: This comment [quoted above] was ignored, and instead they took words from the “Just Ask” [...]

]]> By: Malcolm Coles http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-7142 Malcolm Coles Tue, 12 Jan 2010 17:14:24 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-7142 Bob - I think clearing the snow from the pavement is fine as long as you leave the pavement safe. By interfering, you could get in trouble if you left it unsafe. You can't get into trouble not doing it as the pavement isn't usually your responsibility. So if you cleared snow from the pavement but left black ice and someone slipped and fell, you'd be in trouble. On your own property, the reverse is true as I understand it (I'm no lawyer, obv). If there was a big hole that the snow had obscured on your drive and the postman fell down it, you'd be in trouble. So make your own property safe (I don't think a bit of obvious snow makes it unsafe but as I say, I'm no lawyer). And clear other property (EG the pavement) only if you've got time and ability to do a proper job. Bob - I think clearing the snow from the pavement is fine as long as you leave the pavement safe. By interfering, you could get in trouble if you left it unsafe. You can't get into trouble not doing it as the pavement isn't usually your responsibility. So if you cleared snow from the pavement but left black ice and someone slipped and fell, you'd be in trouble.

On your own property, the reverse is true as I understand it (I'm no lawyer, obv). If there was a big hole that the snow had obscured on your drive and the postman fell down it, you'd be in trouble.

So make your own property safe (I don't think a bit of obvious snow makes it unsafe but as I say, I'm no lawyer). And clear other property (EG the pavement) only if you've got time and ability to do a proper job.

]]> By: Bob http://www.malcolmcoles.co.uk/blog/sue-snow-pavement/#comment-7141 Bob Tue, 12 Jan 2010 17:06:41 +0000 http://www.malcolmcoles.co.uk/blog/?p=3807#comment-7141 Since no-one seems to know what the answer to the question of whether to clear snow or not, I think there should be some government guidance...that's what they are there for aren't they..? I don't believe that any attempt to clear snow is a bad thing, but how do we know what to do, where do I put the snow, if I put in on the road and it causes an accident, then am I to blame..how often do I have to do it, will the salt affect any services..? who is going to tell us..? Since no-one seems to know what the answer to the question of whether to clear snow or not, I think there should be some government guidance...that's what they are there for aren't they..?
I don't believe that any attempt to clear snow is a bad thing, but how do we know what to do, where do I put the snow, if I put in on the road and it causes an accident, then am I to blame..how often do I have to do it, will the salt affect any services..? who is going to tell us..?

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