I' sorry for top-posting, but I can 't seem to get this particular mail system to change to something more usable.
There are a lot of so-called 'facts' about liabilities if you clear the snow from pavements, etc in the UK. It is true that there are several laws on the statute concerning the clearance of snow and who is responsible. Basically the householder is required to clear the paths on their own property, and the local council is responsible for the public footpaths. In the UK, Parliament makes the laws, but it is the courts who decide HOW the law is to be enforced. For example, if you clear the public footpath outside your property and put down some salt/grit (leaving it in better condition than it was before) then, if anybody then slips over, the court may decide that what you have done is reasonable and you are not liable. If you leave it in a worse condition, eg by leaving piles of ice alongside a narrow track that you have cleared so that someone trips over the pile of ice, then the courts may take the view that it would have been better if you had left it alone. I say the courts "*may* take the view" because, as far as I understand it, the point has never been tested in a court of law. What has appeared in the press is legal opinion as to what the situation would be if the bare law was applied in full without any regard to the situation applying at the time. However, the unelected insurance companies who now govern the lives of the people in the UK through 'public liability' may have a different view under 'Health and Safety' rules of their own making. DaveD -----Original Message----- From: Phil & Anne Irons <[email protected]> To: [email protected] Sent: Fri, 15 Jan 2010 13:43 Subject: Re: [canals-list] Re: S'all gorn quiet On Fri, Jan 15, 2010 at 5:30 AM, Bruce Napier <[email protected]> wrote: > > >SNIP< > > There's the whole issue of public liability for householders who try > to clear snow from their frontages, but we probably don't want to go > there ;-} > That's very interesting. Here in Sydney, home and business owners are required, by a municipal by-law, to keep their frontage clear of snow and ice. Granted the fine isn't very much, but the threat is still there. Also, there is the possibility of the owner being sued if a pedestrian slips and falls while walking on his/her frontage. I understand that almost the opposite is true in the UK. Curious. PLEASE TAKE NOTE THAT I AM NOT INTERESTED IN STARTING A BRANCH THREAD CONCERNING DIFFERENCES IN LEGAL SYSTEMS IN VARIOUS COUNTRIES! Cheers, and happy icebreaking! [?] Phil nb straightandnarrow [Non-text portions of this message have been removed] ------------------------------------ Yahoo! Groups Links
