Slipping or falling accidents on ice in the UK

This legal advice website is managed by No win No fee law firm Winston Solicitors LLP, authorised and regulated by the Solicitors Regulation Authority. This page offers advice to individuals who have suffered personal injury following a fall on ice or snow in the UK.

The majority of  accidents generally fall under the responsibility of the local council or authority. There is much legal debate about how far a councils duty of care should go as far as gritting or salting is concerned. Please read our free download below for more information.

It has to be accepted that any council would have an impossible task trying to make safe or grit/salt every highway, pavement or public area during a cold spell of weather. This has to be borne in mind when you consider whether a claim should be made. The law on the subject is varied and different solicitors will have different views. Many claims fail because they don't meet vital criteria.

Find out today if you can pursue a claim for personal injury suffered on a slippy, icy road or pavement.

If the liability is for negligence not a breach of section 41(1) of the Highways Act 1980; Liability there may be liability under the Occupiers' Liability Act 1957. This Act imposes a different duty and a different standard from the Highways Act 1980. The occupier of shops, offices, car parks and similar places will have a far greater obligation 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.

Types of accidents that we deal with:

• Accidents on ice in supermarkets and other businesses
• Accidents in snow and ice whilst at work
• Clearing snow and ice - advice for homeowners
• Ice related accidents occur on public roads or pavements

Here are some additional points to consider before bringing a claim in these circumstances:

Some Highway Authorities are under the mistaken belief that they cannot be liable for claims for personal injury arising from a failure to de-ice their roads. They are wrong.

It does require the people occupying the premises to: take account of weather forecasts to have salt in stock; to clear a safe path through the snow; and to put up warning notices or shut the premises if necessary.

It is not a defence for a defendant to say that members of the public are invited onto premises but run their own risk of skidding on compacted snow that it was reasonable for the defendant to have cleared up;

It will be difficult for a defendant to raise a defence on the basis that the cost of remedy is too high. When balanced against the cost of a compensation claim, the above measures can only be considered reasonable under the circumstances. Judges may find negligence in some of the following circumstances: where there is no system for spreading grit; where, although there is a system for spreading grit, the actual spreading does not follow the system; if the system itself is inadequate. For example, there is no consideration of weather forecasts or no salt in stock; if other occupiers have gritted but the defendant has not; if there are no tools for clearing snow and ice or spreading grit; if a Highways Authority has failed to comply with the "Code of Good Practice" or its own local practice standards.

As always, the range of factual circumstances will be large, but the usual test of reasonable foresee ability of harm and an examination of the reasonable steps taken to remove the danger of ice will be a good guide when considering if a claimant has a potential case.

Other Ice related accidents:

• Visitor to premises
• Slip/fall accident on ice
• Injury on ice at the workplace
• Road accidents on icy roads

We discuss what circumstances may lead to a no win no fee compensation claim being made and what steps should be taken to pursue such a claim. The Claims Connection trip slip or fall claims section - UK tripping claim and personal injury compensation specialists. Read more about trips and slips not involving ice or related weather conditions.

If you have an issue with the maintenance or condition of your street you may be able to report it online at http://www.fixmystreet.com/.

Trip or fall claims explained - What you should do after an accident - Supermarket fall - Slipping accidents at work -  Ice accidents businesses - Tripping slipping compensation claims - Car accident claims - Whiplash compensation - Accidents at work - Medical negligence

More links: British safety website - Winter footwear safety - Car park ice accidents businesses