A Winter Warning!
We’re in the middle of winter but the freezing conditions of last winter haven’t arrived…..yet. The longer range forecasts for the rest of this winter are very vague although there’s a prediction of colder times to come.
Whilst there’s the usual advice to help prevent burst pipes which were a common problem last year, we’re now looking at another area to protect you and your business – slips and falls !
Whether an employer, a landlord or a tenant we all have the risk of someone claiming against us for slipping on ice/snow…….. and yes they can be valid claims under current legislation.
At one time a fall in the snow or a slip on ice was considered to be just one of those things. It was an accident and possibly the only person to blame was Mother Nature, or yourself for not wearing sensible footwear. But those days are long gone
As a tenant or owner occupier you are at risk from the Occupiers Liability Act. The occupier of a property has a duty to take reasonable care to ensure visitors are safe when using the premises for the permitted purpose. So how do you protect them and yourself?
As well as being proactive and clearing the ice and/or snow you need to make visitors aware of the dangers of slipping, which if appropriate could even mean erecting signage. They won’t stop the claim coming in but at least it will give you a good solid case for defence.
Landlords with external common areas can be equally at risk where the landlord takes on the obligation to ensure that the premises/right of way can be accessed safely. Landlords will need to demonstrate that they have put in a reasonable system to clear the main access routes of ice and snow, or agree formally that the tenant will provide this service.
One client who has an extensive property portfolio fell victim to this even though they have a procedure in place for snow clearance and gritting. A tenant’s employee arrived in the early hours before the clearance and gritting had taken place (it had snowed during the night) and he slipped. He tried to claim against the landlord but our insurers refused the claim on the basis that a) the landlord did have a procedure in place and it was being adhered to b) the employee arrived much earlier than usual and c) he had arrived with the tenants consent/instruction. Our client’s insurers referred the claim back to the tenant who should have taken steps to ensure an employee arriving in the early hours would have been safe to do so.
A common sense approach just doesn’t seem to be enough these days so always take reasonable steps to ensure people stay safe. It may be obvious that it’s slippery when it’s been snowing or it’s icy but you still need to warn people as all too often they’re likely to point the finger at you.