Snow on the way back- UK Government advise to house holders on clearing obstructions
Clearing snow and ice from pavements yourself
The Uk government have responded to the issue of exposure to claims for householders who clear snow from their premises. The information appears on the Direct.gov site and is helpful in reassuring house holders.
An extract of the site is set out below.
Likewise the Irish government throught the attorney general’s office have publicised similar notices.
Clearly these publications address some silly stories which appeared in the media.
The guidance does not excuse careless behaviour e.g. trying to clear snow with boiling water which subsequently freeses and causes an accident or pipe leakages on public paths which cause accidents.
Likewise care should be taken in clearing snow & ice not to cause a tripping hazard!
Basically the law endorses & protects sensible behaviour.
Here’s hoping we don’t see a return to the chaos we experienced in December!!
Extract from UK Direct Gov site;
There’s no law stopping you from clearing snow and ice on the pavement outside your home or from public spaces. It’s unlikely you’ll be sued or held legally responsible for any injuries on the path if you have cleared it carefully. Follow the snow code when clearing snow and ice safely.
The snow code – tips on clearing snow and ice from pavements or public spaces
Prevent slips
Pay extra attention to clear snow and ice from steps and steep pathways – you might need to use more salt on these areas.
If you clear snow and ice yourself, be careful – don’t make the pathways more dangerous by causing them to refreeze. But don’t be put off clearing paths because you’re afraid someone will get injured.
Remember, people walking on snow and ice have responsibility to be careful themselves. Follow the advice below to make sure you clear the pathway safely and effectively.
Clear the snow or ice early in the day
It’s easier to move fresh, loose snow rather than hard snow that has packed together from people walking on it. So if possible, start removing the snow and ice in the morning. If you remove the top layer of snow in the morning, any sunshine during the day will help melt any ice beneath. You can then cover the path with salt before nightfall to stop it refreezing overnight.
Use salt or sand - not water
If you use water to melt the snow, it may refreeze and turn to black ice. Black ice increases the risk of injuries as it is invisible and very slippery. You can prevent black ice by spreading some salt on the area you have cleared. You can use ordinary table or dishwasher salt – a tablespoon for each square metre you clear should work. Don’t use the salt found in salting bins - this will be needed to keep the roads clear.
Be careful not to spread salt on plants or grass as it may cause them damage.
If you don’t have enough salt, you can also use sand or ash. These won’t stop the path icing over as well as salt, but will provide good grip under foot.
Take care where you move the snow
When you’re shovelling snow, take care where you put it so it doesn’t block people’s paths or drains. Make sure you make a path down the middle of the area to be cleared first, so you have a clear surface to walk on. Then shovel the snow from the centre of the path to the sides.
Offer to clear your neighbours’ paths
If your neighbour will have difficulty getting in and out of their home, offer to clear snow and ice around their property as well. Check that any elderly or disabled neighbours are alright in the cold weather. If you’re worried about them, contact your local council.
http://www.direct.gov.uk/en/Nl1/Newsroom/DG_191868
Paul Tracey
Litigation Solicitor
05/01/2011
Injuries Board Authorisations- what do I do next?
Filed under: Accidents, Drink Driving, Injury Law, Road Accidents
In recent months we at Paul W Tracey Solicitors have found that we are receiving an increasing amount of queries from clients who have received authorisations from the injuries board for matters relating to accidents at work, road traffic accidents and other personal injury cases and are unsure as to what the next step in the process is.
What does the Authorisation mean?
If you have processed an injuries board application, the injuries board may issue an authorisation in 3 sets of circumstances;
1) The Respondent has declined to have the claim assessed; in these circumstances the respondent named on the injuries board authorisation has declined to permit to allow the injuries board assess your case.
2) The injuries board have reviewed your application and have deemed that due to the nature of your injuries the injuries board will not be able to assess your case within the time frame permitted under law.
3) An assessment may have been made by the injuries board but either you or the Respondent has declined the assessment, this could arise in circumstances where you are of the view that the amount of the assessment is in inadequate or the respondent is of the view that the amount of the assessment is excessive.
What Should I do?
Instructing a solicitor with expertise in this area like ourselves is the first step to secure your position
We can offer advice to you in regard to issuing Court Proceedings.
We always liaise with Senior and junior counsel when assessing such matters and we have over 20 successful years in specialising in personal injury litigation much to our very satisfied client base.
Please be aware that certain time frames exist under Irish law in order to permit you to commence court proceedings, it is therefore important that you contact our office in order to get initial advice in regard to these timeframes in order to avoid your case becoming statute barred under law.
What is the Cost?
Our initial advises are on a no obligation basis.
Contact us at law@traceysolicitors.ie or by phoning 00 1 8475656
Death of Polish brings fine of €350,000
Death of Polish Worker brings fine of €350,000.
In what seems to be a too familiar reoccurrence a tragic accident has taken the life of a polish worker working in Ireland
The accident which occurred in April 2006 was the matter for a court hearing this month in which the Health & Safety Authority brought a prosecution against a Roscommon based building company.
The accident which led to the tragedy involved a fall from a teleporter.
Roscommon Circuit court found that there was a failure to put in place necessary safety measures and as a result the death had occurred.
Fines of €350,000 were imposed on the company & its director.
Whilst cases of this nature primarily concerns the enforcement of safety practice breaches of Health and Safety legislation can also lead to civil action for compensation for the loss of life and financial dependency.
A representative of the Health and Safety Authority commented ‘that the case should be a deterrent to other directors and senior managers who are not talking the legal and moral duties seriously.’
The significant numbers of Polish workers who have worked and continue to work in the construction industry in Ireland mean that this is not the only report of tragic loss of life as a result of carelessness and neglect by an employer.
Paul W Tracey
11/12/2009
Public Liability Accidents, slips, trips and falls the latest information on claims!
The fascinating data discloses the 7/10 of such accident involve women and that slips, trips and falls are the cause of such accidents.
The information should cause shopkeepers,public utility providers and others to revisit their safety procedures and
also shows the disruptive effect injuries of such accidents have on families & others
-Commenting, Patricia Byron of the InjuriesBoard said: “During these tough economic times, some companies and organisations who admit the public to their facilities may be tempted to cut their investment in health and safety. That kind of approach can backfire, particularly, if you operate in a very competitive and accident-prone sphere such as retail.
“As this review highlights, the factors which give rise to accidents in public places are many and varied. It is timely for public and private sector organisations alike to review the measures they have in place to prevent accidents across retail, hospitality, leisure and public spaces. Accident prevention is always important and ensuring your customers enjoy a safe environment can save money in the long run. Consumers must also take responsibility for accident prevention and be vigilant to the risks they face” she concluded.
The data give a breakdown of causes of accidents as follows;
-being struck by a falling or flying object (11%),
-being injured by machinery (5%),
-burns/scalding (2%)
-food poisoning (1%).
- Injury types are also disclosed in the data:
. Sprains (40%) are the most common injury, followed by bruising (32%), fractures (29%) and lacerations (25%).
The Injuries board has been in operation for a period of 5 years now with the bulk of it’s cases dealt with by solicitors acting on behalf of injured victims
The recently published information was previously not available from the courts and will allow business operators and insurers alike to revisit their safety procedures
Paul Tracey
21/07/2009
