Articles

In light of the recent weather conditions, and the possibility of more on the way, we have been receiving enquiries from some of our clients about their obligations and liabilities with regard to gritting the roads and paths in and around their premises.

There are two main areas of risk for the owner/occupier of land – firstly, a potential exposure to civil claims for personal injury and secondly, the risk of a potential breach of regulations under the Health and Safety at Work Act and the Occupiers Liability Act.

Some of the key points to consider are these:

- Have any specific areas of hazard been drawn to your attention by employees/visitors?

- What is the status of the land concerned? Adopted highway / non-adopted?

- Could the land in question have become a public right of way?

- How can you help to demonstrate that you’ve taken “reasonable” precautions?

Owners/occupiers of land and employers should, as a general rule, be careful before embarking on a program of gritting paths and roads for which they believe that they may have responsibility, in case by carrying out such work on surfaces that they were not legally obliged to grit, they create a potential exposure to liability where none may have existed before.

Keeping good records of what has been done by way of gritting/snow clearing is also important and may prove to be vital evidence in the event of any claim being made against you. The key will always be to demonstrate that you have acted “reasonably” in all the circumstances.

You should also bear in mind your position as an employer, and providing proper training to the relevant staff on carrying out any gritting / snow clearing duties may help to protect you against claims both as an employer and a landowner/occupier.

We are able to offer more detailed advice on all of these issues. Contact Andrew Digwood on 01904 625790 (email andrew.digwood@rollits.com) with any queries.

Andrew Digwood