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As heavy snow falls across the county, many homeowners and business owners will be wanting to clear paths and driveways to ensure a clear access route.
However, some have long feared that if someone has a slip, trip or falls on a surface they have cleared of snow, they could be held legally liable.
This guide is designed to help you to act in a neighbourly way by safely clearing snow and ice from pavements and public spaces.
Will I be held liable if someone falls on a path I have cleared?
There is no law preventing you from clearing snow and ice on the pavement outside your property, pathways to your property or public spaces.
It is very unlikely that you would face any legal liability, as long as you are careful, and use common sense to ensure that you do not make the pavement or pathway clearly more dangerous than before. People using areas affected by snow and ice also have responsibility to be careful themselves.
In 2015 a new 'Good Samaritan' law ('SARAH' - Social, Action, Responsibility and Heroism Act) came into effect in England and Wales.
This act seeks to counteract the growing perception that people risk being successfully sued if they do something for the common good - like clearing snow from a path in front of their home or helping in an emergency situation.
If an accident did happen, it's highly unlikely that you would be sued as long as you are careful and use common sense to make sure that you don't make the pavement or pathway clearly more dangerous than before. People using areas affected by snow and ice also have responsibility to be careful themselves.
Avoiding negligent behaviour
Under common law a volunteer can only be considered negligent if they deliberately went out to create a hazard. Actions which could give rise to liability for negligence would be (a) the careless release of snow from the shovel, (b) the careless placing of snow so as to conceal or create a hazard, and (c) the use of water which actually increases the risk of slipping or skidding.
Therefore:
What can I do to help clear snow and ice from pavements and public spaces?
Practical advice from highway engineers is given below:
Keep up-to-date with how the snow is affecting parts of the county today here.