By recent standards, this current winter has been a cold one! For the first time in ages, we have had frozen lakes, frozen canals and frozen rivers. On many a cold morning - and even through the day on a colder day - the good folk of this land (including me!) have spent time scraping the ice from our windscreens before driving to work and the walking carefully from our cars to our offices to ensure that we don't slip and hurt ourselves. At this time of year, we get many calls from clients who have fallen on icy paths and steps, and sustained nasty injuries - usually fractures to wrists and arms. The one thing that all of these callers have in common is that they have slipped on ice, sustained nasty injuries and received medical treatment. But does that mean they have a claim?
Unlikely to be successful
Unfortunately, in the vast majority of these cases, we are unable to assist the caller and have to reject the matter. It falls down to a duty of care and the strength of liability against the people or authority responsible for the area in which the individual fell. For example, should someone slip and fall on a public footpath due to ice, it is highly unlikely that they would be able to prove sufficient liability against the local authority highways department responsible for the path to enable them to win any claim for Personal Injury compensation. Clearly, such authorities are obliged to grit/salt the roads etc in their areas, but they must prioritise the order in which they grit the roads and footpaths in their areas. It goes without saying that the main responsibility is to ensure that major roads are gritted - starting with motorways and A class roads, then moving on to heavy use B roads then if there is still time and the main roads are still safe, the c roads and unclassified roads and eventually the footpaths and pavements. As you might guess, the footpaths and pavements rarely get treated and it is easy to see why. So in a nutshell, if you are walking on icy paths, take care - you are unlikely to be able to claim compensation for any injuries sustained.
Exceptions
The duty of care on other parties when it comes to ice, can be far easier to claim against. For example, work yards where an employer expects staff to operate must be treated within a reasonable time of the ice appearing. Car parks and entrance ways at places of work or schools should also be treated - or signage situated to warn of the hazards. Steps and platforms at bus and train stations are also subject to higher duties of care. If you fall in any of these places on ice (or any other public location for that matter) ensure that your accident is recorded in the accident book, seek medical attention and then call us! It is likely that we will be able to take such a claim forward for you.
Making your claim
To make your claim, come to us. Direct 2 Solicitors are approved for Regulated Claims Management Services by the Ministry of Justice (Authorisation CRM 3364), check the regulators web site www.claimsregulation.gov.uk and are also members of the Claims Standards Council. We offer genuine peace of mind, honesty and a friendly caring service.
If you are in need of a reliable and approved Claims Management Company to manage your accident compensation claim, look no further. Email us at webenquiries@direct2solicitorsltd.co.uk, call us on 0800 9177456, or get us to call you, using the big blue "Call me back" box at the top right of this page.
Labels: Accident Book, duty of care, Personal Injury Compensation, r

