Clearing Snow Outside Your Home Could Result in Compensation Claims For Liability Against You

In prolonged spells of snow and ice, you may be tempted to try and clear your garden paths, as well as the pavement outside your house. By doing so you think you would at least be doing your bit to help people struggling to walk through thick snow, by giving them a patch where they are less likely to encounter difficulties.

However, by performing this act of kindness you would actually be putting yourself at risk of liability compensation claims being made against you if somebody were to slip and injure themselves outside your premises.

In many parts of the world it is your responsibility and legal obligation to clear the section of pathway outside your home. In some parts of the US snowfall must be cleared from the pavement outside your home within 24 hours of the precipitation finishing, whilst in Canada this is as short as 12 hours later. If this has not been completed adequately the council can come round to your property, clear the area and then charge and fine you for their inconvenience.

Parts of Europe have similar and often even stricter rules in place. Countries that experience regular snow including Germany, Austria and Switzerland have specific policies in place that set out the exact perimeters of what need to be cleared.

In the UK this is not the case. Here your council have the responsibility of keeping highways clear of snow and ice, as stated under Section 41(1A) of the Highways Act 1980. However, in extreme conditions, such as what we are facing at the moment, it is very difficult for local authorities to get round to all areas.

Although the public are not obliged to clear the pavements outside their house, some may take it upon themselves to do so. Theoretically this does put you at risk if someone were to slip and suffer an injury, as the act of moving the snow means you have taken responsibility for it, meaning your could face a public liability claim for compensation if the injured party were to prosecute. The law that enforces this, named "tort of nuisance" can come into effect just by moving snow from one part of a pavement to another.

Moving snow and ice within your own premises is a different matter however, and you do hold the responsibility for anyone who steps within the confines of your property. This is stated in the Occupiers Liability Act 1984, which puts you under a duty of care to ensure all visitors are safe from harm. Therefore, if the postman slipped on your garden path and hurt themselves as a result, they would be entitled to make a personal injury compensation claim against you. For this reason, it is recommended that you take all reasonable steps to clear pathways, driveways and any other area that poses a risk to others within your property.