FFS clear your path/steps

[jockstrapp]

Is it just my round that is 99% full of "LAZY BAST@RDS" WHO WON'T CLEAR THE SNOW/ICE FROM THEIR PATHS/STEPS. Royal Mail should make this clear to them that they will not get their mail delivered until it is safe to do so.(this really pisses me off)

[pinstripe]

I remember last year we had the same discussion. It came to light that householders who cleared their paths were liable for any slips and injuries, but those who did not weren't.

[TrueBlueTerrier]

I remember last year we had the same discussion. It came to light that householders who cleared their paths were liable for any slips and injuries, but those who did not weren't.

No it is a common perception but an incorrect one: http://www.royalmailchat.co.uk/communit ... ow#p237504" onclick="window.open(this.href);return false;

More recent articles consisting of health and safety myths were that the HSE banned science experiments in the classroom, the HSE warned that people clearing pavements during snow and icy conditions were in danger of being sued under health and safety legislation and that the HSE banned a Village fete - ALL UNTRUE. Others were - mortarboard-throwing banned at graduations, hanging baskets banned, earplugs mandatory at rock concerts (these are all myths to remember)
The HSE had to issue a statement during the recent adverse weather to the effect

"The Health and Safety Executive (HSE) would like to make it clear that under health and safety legislation nobody who volunteers to support their community by clearing pavements during icy conditions should feel they are in danger of being sued. The Health and Safety Executive (HSE) encourages a common sense approach to health and safety. HSE said they think it is ridiculous that people should feel prevented from helping others, through a fear of being held responsible for an accident. The Health and Safety Executive (HSE) said it encourages a common sense approach to health and safety, adding that they think it is ridiculous that people should feel prevented from helping others, through a fear of being held responsible for an accident. The HSE is very grateful to all people, neighbours and local shopkeepers who cleared the snow - repeatedly - from pavements."

and a copy of a post I made in January of this year http://www.royalmailchat.co.uk/communit ... ow#p231904" onclick="window.open(this.href);return false;

And none of these lazy BAST@RDS will have cleared their paths for the postie

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 fine

Just to clarify here are some links I posted previously on just this subject

http://www.johnredwoodsdiary.com/2009/1 ... -clearing/" onclick="window.open(this.href);return false;

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.

This is actually a common misconception.

You as a land owner (or resident) of a property have the responsibility to clear paths on your own property. If you have not and the postman, milkman, paper boy slips (or any visitor) and falls and can prove you have not made reasonable efforts to mitigate a slip hazard (ie cleared snow and ice) then you can be sued. If you did make reasonable attempts then you are safe.

The bit that most people confuse the relevant laws with is if you clear any public footpath even on your property and someone slips then they can sue you if you did not clear it properly and therefore because you cleared it you have accepted the responsibility. This is different because you already have responsibility to clear a path on any of your own land and not on others.

Sources:

http://www.economicvoice.com/the-law-in ... z0cHXFCMVz" 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.

http://news.bbc.co.uk/1/hi/uk_politics/3453039.stm" onclick="window.open(this.href);return false;

Lord Davies said: "No householder is at all responsible, providing they do not touch the pavement, which is owned by the local authority."

''The Occupiers Liability Act (1984)
which I am told is still in force.

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.

You can see where the confusion arises of course.

[taurus88]

If it's unsafe, don't deliver. That's what I did today, five or six households didn't get their mail. Told a manager and that's about as much as can be done. My legs > their mail.

[WCH]

I deliver to quite a crappy scheme/estate and the only people who had cleared their paths and driveways were the pensioners

Of course, there were plenty of benefit sponges sitting in their house doing sweet FA whilst i slogged through the snow like i was training to fight Ivan Drago!

[jaylime]

To be honest once they clear the fresh snow it is more slippy then,i personally thinks a foot of snow is better.

[krussel]

I finished work and went around and did my Mums then drove home and did my own.

I only noticed the old folk clearing paths around my walk today.

[DGP1]

I've a 100m long driveway which is think with impacted ice so how do I clear that Fact is the DRD won't even salt the roads so we've no chance of even having the estate salted

[jockstrapp]

TrueBlueTerrier wrote:
dave7634 wrote:
jockstrapp wrote:
And none of these lazy BAST@RDS will have cleared their paths for the postie


Sorry I forgot i wrote that at the beginning of the year

I suppose as I am reaching that retirement age I tend to forget things

Where am I??? Who am I???? awe who gives a f#ck

[OnAFlyer]

Is it just my round that is 99% full of "LAZY BAST@RDS" WHO WON'T CLEAR THE SNOW/ICE FROM THEIR PATHS/STEPS. Royal Mail should make this clear to them that they will not get their mail delivered until it is safe to do so.(this really pisses me off)

Number of clear paths on my walk today = 0 (really)

[coxie]

People are under no obligation to clear it for Postmen, if it's unsafe don't deliver there.

[steven100]

I cleared my path on monday , only for more snow to follow .

[TeeferTiger]

I've a 100m long driveway which is think with impacted ice so how do I clear that Fact is the DRD won't even salt the roads so we've no chance of even having the estate salted

Oooooh get you with your long driveway!! Are you really one of those secret millionaire people? Slumming it with the rest of us to see what life's really like?

[post_bitch]

I cleared my path on monday , only for more snow to follow .

naw thats his caravan at the bottom of the car park

[DGP1]

I've a 100m long driveway which is think with impacted ice so how do I clear that Fact is the DRD won't even salt the roads so we've no chance of even having the estate salted

Oooooh get you with your long driveway!! Are you really one of those secret millionaire people? Slumming it with the rest of us to see what life's really like?

Caught again and when I say estate what I actually mean is me on my day off with my pet labrador Tarquin