Q. During the recent cold spell, I tried to get out for walks as regularly as I could to keep my New Years’ resolutions. On one of my trips, I slipped and fell on patch of ice. It does look like some snow had been cleared, but the footpath remained icy. I came down quite hard and am in substantial pain. I was told that there was nothing I could do as I took the decision to go for a walk. Can you advise me?
Dear Reader,
The first thing to consider is the location of your accident. Was it on public property, i.e. a public footpath or similar, or was it on private property?
If the accident occurred on public property, the local authority is not liable to you if they simply failed to clear a natural build-up of snow or ice. However, if they sought to clear snow or ice and failed to be thorough in how they went about it, the local authority might be liable.
If a person had moved snow or ice to a public place, they might be liable for any hazard thereby created. Many people seek to melt snow or ice by pouring warm water which then refreezes. In such a circumstance, that person would be liable for an accident in a public place.
If the accident occurred in a private place, the liability of the owner depends on whether or not you were a lawful entrant (such as a customer of a shop or shopping centre) or whether you were there as a recreational user.
If you were a visitor, the owner owes you a general duty of care to take reasonable steps to ensure that you do not suffer an injury. If you were a recreational user, then the owner must just not intentionally injure or be reckless as to dangers on the lands.
Quite a bit would depend on the exact circumstances of your case, and may need input from engineers, surveyors, etc. Your solicitor can advise you as regards to this.
You should ensure that you remain in close contact with your medical practitioner, take and retain photographs of the scene of the incident (especially if the ice remains in situ), and retain the shoes that you were wearing on the date. Your solicitor can advise of you the next steps, including notifying all relevant owners, the local authority, etc.
