At this time of year, slips and trips are common. Ice and other inclement weather can make many everyday places treacherous - particularly if the owner or occupier of the property has not taken adequate care to protect patrons' safety. If you have suffered an injury in a public place because of snow or ice, you may be able to make a compensation claim. In this article, we look at these types of accidents and answer some of the important questions you may have.
If you have suffered an accident or injury as a result of ice or snow in a public place, you may be able to bring a claim against the party responsible. However, you will firstly need to determine who that party is. When we discuss accidents in a public place, we typically are referring to the following:
The party responsible for maintaining the public area referred to as ‘the occupier’ is most often, the party you will bring your claim against. If you are unsure, your solicitor can help you determine who is responsible.
In order to bring a successful claim, you must have suffered an injury within the last three years that was at least partially the fault of another party. Under the Occupiers' Liability (Scotland) Act 1960 (under review), occupiers of premises owe a duty of reasonable care to visitors to ensure that they will not suffer injury or damage by reason of any such danger (such as snow or ice). Part of this duty means keeping the premises safe during cold spells and inclement weather conditions. If an occupier fails in this duty and does not adequately address hazards caused by snow and ice, you could bring a claim if you are injured as a result.
The difficulty in these cases is that occupiers must only take 'reasonable' steps to protect visitors. For example, in the case of supermarkets, staff members can be expected to ensure that snow or ice does not pose a hazard to visitors in the entranceway or trolley areas and use appropriate signage to warn visitors of slipping hazards. However, it might be unreasonable and even impossible for occupiers to ensure the entire car park and surrounding areas are free of ice and snow.
When you contact a solicitor, they will ask you questions about your accident and will be able to advise you fully as to whether you have a good claim.