Early in 2010 Britain experienced some of the most severe weather conditions it had seen for years. In the worst affected areas this put particular strain on the hospitals, who reported an increase on admittances relating to slips and trips, indicating that people have been attempting to stay safe by avoiding the car and taking to the streets.
High numbers of slip related fractures have been reported by A&E staff in the badly affected Southern Scotland and Midlands, seemingly caused by the slippy conditions. One hospital in Reading said they had a 36% increase during one particularly bad 24 hours, meaning they were forced to facilitate extra theatre space and procedures.
A number of people who have been injured or know someone who has are angry with the way local councils failed to prepare for the extreme weather, with some threatening legal action. However if you’re thinking of taking them to task, you may want to rethink, as you need more than the fact that you were injured to prove it was the fault of the council.
As our personal injury specialist says ‘you have to be able to show the council acted unreasonably in failing to grit the pavement’, which is much more complicated to prove than one would think. Privately owned public areas, however, are a different matter aand so if your accident took place in a supermarket car park for instance, success in your claim may be more likely.
Unlike public highways, private areas such as a supermarket car park may be liable under the Occupiers Liability Act 1957, which means they are under a different duty with more focus on making sure areas are “reasonable in all circumstances”, including making sure it is safe for all visitors.
At the moment the weather has certainly picked up, but should we see the adverse weather again we recommend wearing sensible shoes, avoiding unnecessary journeys and if you must go out trying to find a well gritted route and taking it slow.
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