A Member of Parliament is calling for a review of the way local authorities carry out their duty to keep roads and pavements free of ice after it emerged that some councils were removing grit bins or leaving them empty to avoid compensation claims from people slipping on ice and snow. Apparently councils are worried that if members of the public use the grit, but do not spread it thoroughly enough, anyone slipping on remaining snow or ice patches could make a claim against the Good Samaritans for failing to grit the road adequately.
According to the Highways Act 1980, councils are required to ensure the public can have safe passage “so far as is reasonably practicable” on roads and pavements. In addition to using gritting vehicles and snowploughs to keep roads and pavements free of ice and snow, most councils also provide grit bins, usually located on steep gradients or near sharp bends, so that members of the public can spread grit to reduce the slipping hazard.
Rosie Cooper, the MP for West Lancashire, who called for the review of council policy, explained that using these public access grit bins can have consequences. In comments reported on the Daily Telegraph website, Miss Cooper said: “The reasoning behind it is the same as with clearing the snow from a footpath in front of your house. If you leave the snow untouched, there can be no come-back if someone slips and is injured. The responsibility to take care is theirs alone. But if you clear it and leave a patch of snow, or uncover ice which you do not remove, then your action makes you liable for any injuries caused by your inadequate snow clearance.”
The same liability would apply to someone who puts grit on a road or footpath. A motorist or a pedestrian having an accident could claim against a person failing to grit the road enough to prevent them from having an accident. With councils concentrating on keeping major roads snow and ice free, people using side roads may be left with no choice but to attempt to clear the snow themselves, which may leave them at risk of being sued.
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