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> http://www.newburytoday.co.uk/News/Article.aspx?articleID=12069
Andy1
post Jan 8 2010, 11:15 AM
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http://www.newburytoday.co.uk/News/Article...articleID=12069

Just LOL. This explains why WBC haven't cleared all the roads and pavements and aren't helpful, because they don't want to get sued. There was me thinking it was a grit shortage
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Exhausted
post Jan 8 2010, 01:54 PM
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There are a lot of 'workers' in yellow jackets outside the council offices if one looks at the photograph heading the article and I see also a nice tractor. Is that and all the yellow jackets in place to make sure that WBC don't get sued if they clear their own snow.
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Darren
post Jan 8 2010, 02:12 PM
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I suspect that nothing would happen if someone did slip and fall. Given the amount of "No win, no fee' lawyers out there, how come we're not seeing ad for slips on ice.

I'm not a lawyer, but...

Employeers have a duty of care to their employees and visitors to manage hazards in the workplace, "as far a is reasonably practicable".

Householders have a duty of care to visitors to their homes to manage hazards in the workplace, "as far a is reasonably practicable" - so if you have a path, clearing it so the postman etc. don't slip is required.

Householders have no requirement to clear the public footpath outside their house as the Local Authority have a statutary obligation to do so. If they don't, technically you can apply to the Magistrates Court for an order under the Highways Act forcing the council to maintain the footpath. Given the weather, this is unlikly to succeed.

If you did clear it and someone slipped, they would have to prove that you made it slippery deliberately or through negligance (pouring boiling water on it etc.)
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Gumbo
post Jan 8 2010, 02:14 PM
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QUOTE (Andy1 @ Jan 8 2010, 11:15 AM) *
http://www.newburytoday.co.uk/News/Article...articleID=12069

Just LOL. This explains why WBC haven't cleared all the roads and pavements and aren't helpful, because they don't want to get sued. There was me thinking it was a grit shortage


They have managed to clear the small incline in their car park but have come nowhere near my road.
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On the edge
post Jan 8 2010, 05:39 PM
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We really ought to leave the law to the Courts. If someone does decide to sue, they'd need to prove intent and negligence - quite difficult against a private householder in such situations. Anyone who thinks differently should leave the Sun or the Daily Mail and scan through the Solicitors Journal. Most of the 'shock horror' payouts are agreed outside court anyway - if there is anything wrong with the system its the lack of backbone in defending lawyers. Safety is really all about proper risk assessment and personal responsibility.


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