There's a legal duty to clear ice and snow from roads, footpaths, shopping areas, car parks and other public places.

If you've suffered an injury as a result of slipping on snow or ice you may be able to make a personal injury claim for compensation. 

Snow and ice can cause slipping accidents in many places: at work, on the road or footpath, in supermarket car parks, at schools, hospitals and in many other public places. The duty to clear snow and ice can be different in each case.

The first step in the process is to seek the help of a solicitor who specialises in personal injury claims. He or she can advise you of the best course of action to take and will negotiate and settle all elements of the claim on your behalf.

Why do we slip on ice?

Common sense tells us that ice is slippery. What most people don't know is that it is actually a thin layer of water on top of the ice, rather than the ice itself, that causes you to slip.

When you apply pressure to ice, for example by stepping onto it, this causes a tiny layer of ice to melt leaving a thin film of water between your foot and the ice. It's this combination of water and ice that makes it so slippery.

Ice outside can also make surfaces inside wet, slippery and dangerous if proper steps aren't  taken at the entrances to shops, schools, hospitals and other buildings to remove excess water from visitors' feet.

Shops, supermarkets, schools, hospitals and other public places

Occupiers have a legal duty under The Occupiers' Liability Act 1957 to take reasonable care to see that visitors are reasonably safe whilst using their premises.

This duty can extend to making sure that paths, walkways and other areas are clear of potential hazards caused by wintery conditions.

It's not always reasonable to clear all of the snow and ice, but there are lots of simple practical steps that occupiers can take to help to ensure that their visitors are reasonably safe.

The general rule is the bigger the shopping area, supermarket or other public place, the more visitors that they can expect, the more steps they might reasonably be expected to take.

If an occupier fails to take reasonable steps to make sure that paths and walkways are clear of snow and ice and you are injured as a result then you may be able to claim compensation.

At work

All employers owe a legal duty to make sure that their workplace is reasonably safe.

It may not be reasonable for your employer to remove all of the snow and ice, or to grit the whole car park, but it may, for example, be reasonable for them to grit or clear the main walkways leading from the car park to the office. 

The general rule is the bigger the employer the more steps that they might reasonably be expected to take. An employer that does not take reasonable steps may be negligent.

If you slip on ice or snow at work, or even on a wet floor in the entrance to your office or place of work you may be entitled to bring a claim for your compensation for you injury.

On a road or footpath

Every highway authority in England has a legal duty to make sure, as far as is reasonably practicable, that your safety using roads and footpaths is not endangered by snow or ice.

This legal obligation is contained in Highways Act 1980. In particular Section 41(1A) and Section 150.  Most highway authorities will have their own Highway Network Management Plan.

This should be drawn up in accordance with the Code of Practice for Highway Maintenance Management (the Code of Practice) and will include the measures that they should take in wintery conditions.

Section 13 of the Code of Practice makes 20 recommendations for highway authorities. If a highway authority does not comply with their legal duty and you slip on ice or snow as a result you may be entitled to claim compensation.

The legal question is what is 'reasonably practicable'. This can vary depending on the type of road or footpath. Therefore, if you've slipped on ice or snow on a road or pavement, it's important that you seek legal advice from a personal injury solicitor.

The general rule is that the busier the road or footpath the more steps the highway authority might be expected to take to make sure that it remains reasonably safe.

At home: the Snow Code

During winter many people help keep pavements, paths and public spaces around their homes clear of snow.

The Government has prepared guidance to help people act in a neighbourly way by safely clearing snow and ice from paths, pavements and public spaces. Details of the Snow Code can be accessed from the Direct Gov website.

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