I shook his hand and said really appreciate him sticking up for us
Essex mum
bexhil palace wrote:How about this then,
A bloke comes into our callers office, and wanted to know why he has had no mail delivery for 3 days.
The guy on duty says because of the bad weather, and dangerous conditions, it was deemed sensible to
defer deliveries until there was an improvement in the weather.Not good enough was the reply,i'm waiting
for some very important documents.
The guy in the office said if they were that important you could have collected them yourself.
Oh no he says i couldn't get my car out until today.
Thing is now with the law, if you clear the path and then subsequently your postie slips and injures themselves then YOU become liable. However, if you leave alone then you're finejockstrapp wrote:And none of these lazy BAST@RDS will have cleared their paths for the postie![]()
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Not true on the local bbc radio station the other day they had a solicitor on who stated that this was an urban myth you cannot be sued if you clear your path and someone slips on it, so there is no excuse not to clear it for us.dave7634 wrote:Thing is now with the law, if you clear the path and then subsequently your postie slips and injures themselves then YOU become liable. However, if you leave alone then you're finejockstrapp wrote:And none of these lazy BAST@RDS will have cleared their paths for the postie![]()
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On You & Yours on Radio 4 last week, a solicitor more or less confirmed that - basically, a judge will use his common sense and discreation - so if it looks like you've tried to keep your path clear, you'd be ok....but if you had a leaky overflow pipe and did nothing to fix it, you'd be proper f*cked!haveagojoe wrote:Not true on the local bbc radio station the other day they had a solicitor on who stated that this was an urban myth you cannot be sued if you clear your path and someone slips on it, so there is no excuse not to clear it for us.dave7634 wrote:Thing is now with the law, if you clear the path and then subsequently your postie slips and injures themselves then YOU become liable. However, if you leave alone then you're finejockstrapp wrote:And none of these lazy BAST@RDS will have cleared their paths for the postie![]()
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I read about a local bylaw that said it was the responsibility of residents to keep the pavements clear of snow outside their own property. Seems sensible to me but I don't know how true it is.smokerjim wrote:On You & Yours on Radio 4 last week, a solicitor more or less confirmed that - basically, a judge will use his common sense and discreation - so if it looks like you've tried to keep your path clear, you'd be ok....but if you had a leaky overflow pipe and did nothing to fix it, you'd be proper f*cked!haveagojoe wrote:Not true on the local bbc radio station the other day they had a solicitor on who stated that this was an urban myth you cannot be sued if you clear your path and someone slips on it, so there is no excuse not to clear it for us.dave7634 wrote:Thing is now with the law, if you clear the path and then subsequently your postie slips and injures themselves then YOU become liable. However, if you leave alone then you're finejockstrapp wrote:And none of these lazy BAST@RDS will have cleared their paths for the postie![]()
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Just to clarify here are some links I posted previously on just this subjectdave7634 wrote:Thing is now with the law, if you clear the path and then subsequently your postie slips and injures themselves then YOU become liable. However, if you leave alone then you're finejockstrapp wrote:And none of these lazy BAST@RDS will have cleared their paths for the postie![]()
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Your local authority is responsible for clearing snow and ice from the public highway and pavement. Under Section 41(1A) of the Highways Act 1980, the council must ensure that safe passage along a highway is not endangered by snow or ice. If the local authority fails to act, you can apply to the magistrates’ court under the same legislation for an order to unblock the highway within a reasonable period – although such orders are very rare indeed.
Private landowners are not obliged to clear snow or ice from the highway, even if the road or pavement passes over their land. Indeed, from a legal point of view it may be risky for private individuals to clear these areas. By sweeping snow from one part of the pavement you can create a danger in another area and if someone is injured, you will be liable for negligence or nuisance.
On your own land, it is a different matter. You owe visitors a duty under the Occupiers Liability Act 1984 to take reasonable care to ensure that they are reasonably safe. This means that if you know someone (such as the postman) is likely to walk up your garden path, and you also know that the garden path is slippery, you must take reasonable steps to clear the path of snow and grit it if necessary.
Property advice from the experts
However, you should not simply brush the snow from your path on to the public pavement. It is also a public nuisance to block the pavement of the road by sweeping snow from your property on to the highway.
Your neighbours are therefore quite right to clear their own paths, but are taking a legal risk in clearing the public pavement – no matter how public-spirited their actions may seem.
http://news.bbc.co.uk/1/hi/uk_politics/3453039.stm" onclick="window.open(this.href);return false;The law should be the other way around. You get sued if it can be proved you made no attempt to clear the pavement. That would then mirror the case of when the postman or milkman etc slips in your garden or driveway, because you can at present be liable for not clearing it.
''The Occupiers Liability Act (1984)Lord Davies said: "No householder is at all responsible, providing they do not touch the pavement, which is owned by the local authority."
Private landowners are not obliged to clear snow or ice from the highway, even if the road or pavement passes over their land. Indeed, from a legal point of view it may be risky for private individuals to clear these areas. By sweeping snow from one part of the pavement you can create a danger in another area and if someone is injured, you will be liable for negligence or nuisance.
On commercial property, it is a different matter. You owe visitors & customers a duty under the Occupiers Liability Act 1984 to take reasonable care to ensure that they are reasonably safe. This means that if you know someone (such as a customer) is likely to walk up your path, and you also know that the path is slippery, you must take reasonable steps to clear the path of snow and grit it if necessary.
krussel wrote: i could tell by the way he was marching over he had the hump (not going to work himself mind you) "ARE WE GETTING ANY SERVICE THIS WEEK " He shouted. But before i could reply he slipped and fell straight on his arse by the side of the van
. "Sorry not today its too icy mate" i replied and I helped him to his feet, giving him his mail. He nodded, turned and never said another word
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