If water from a garden makes ice on the road, is the garden owner liable for a car crash?

[StarInTheHeavens]

I walked past a garden today that had drainage holes at the bottom of a brick retaining wall for land drainage. I believe this is normal construction. However, a fair bit of water had seeped out and formed a really lethal ice patch about 6ft wide across the full width of the road - just before where the side road meets the main road. If you were driving and you slowed to pause to look along the main road, I don't doubt the car would slide. If this happened and you crashed with the main road traffic, could the garden owner be liable?

Highways should have a drain for run off

What would you expect them to do? Constant vigilance of that bit of road? Are you looking to make a claim?

im very interested to know because our neighbours garden seems to have water constantly flowing down to towards the junction. It looks exactly like your picture!

Probably quite complicated but I imagine a key question would be, is the run off natural or has the land owner made changes to their land that has resulted in an unnatural run off? EG have they paved over their garden so no natural drainage can occur?

Oh, I missed the drainage holes. He doesn’t have those, I’ve no clue what his water comes from. Seems to be under his gate.

The water flows at the rate of a very fast mini-dribble and never seems to run out. It runs into the gully at the side of the road but then I guess the land slopes so the water runs across the road. The ice is very thick.

No I'm not looking to make a claim. I'm just curious. I think I'm right that if the water was flowing from one garden to another, the home owner would be liable?

As I remember, there are several drainage holes but most of the water pours out of only one of them.

Yes - why isn't the road draining? Is there a blocked drain maybe?

Different scenario though, it's not going to potentially cause a car crash by flowing into then freezing in next doors garden.

I shall have a look tomorrow. I believe there isn't a metal gully in this area.

Water flowing at “a very fast mini dribble “ that must be terrifying.
The whole area should be evacuated at once.
Risk to life and limb.

There's a genuine risk to life of a 6ft wide thick sheet of ice. A dribble on it's own isn't much but when it's running 24/7 it adds up. The ice is very substantial and a definite hazard to drivers.

According to Surrey Council, it's the landowner's responsibility. The FAQ's on its website refer to flooding from fields, but I presume the same is true of gardens etc, judging by the second paragraph.

"Road drains are only designed to deal with water from the road and pavement. It is the responsibility of the land owner to ensure that measures are put in place to prevent flooding from their fields.

It is an offence to allow water to run from private property on to the road and where we are aware of persistent problems we may take action against the landowner."

Now you've identified a hazard you should report it to Highways who can then liaise with the landowner to assess mitigation.

I live in a village which has lots of springs, they do exactly as you describe. No idea on the legality, interesting.

Any water being discharged onto the public footpath or road which then freezes
and an accident happens it's the home owner will be liable.
As it's illegal to discharge water from a private residence onto the public highways.
The same reason farmers need to make sure the ditches are not blocked.

Take photos and notify your local council. It would be awful if someone died, it doesn't take much for a sliding car to crush somebody.

Snap. Our neighbour has one which I believe he has diverted somehow so his garden doesn’t get waterlogged which now flows out over the pavement and road (steep hill) and makes it treacherous / amazing fun depending what side of 18 you are!

By weird coincidence the almost identical question was asked on Pistonheads yesterday, only in their identical scenario, with almost identical layouts and causes, they were driving not walking and claimed to have lost traction.

www.pistonheads.com/gassing/topic.asp?h=0&f=10&t=2017786

On any road at the foot of a valley, there is water on the road if there is one. That’s the direction of travel for water. Downhill. Not all fields have ditches. I would love to know of action taken by councils against landowners! They are not deliberately discharging water onto the highway from fields. The house in question should not discharge water onto a highway. However just a trickle might not worry anyone. The trickle will freeze. The council won’t be bothered. Its minor. It’s better to have trickle vents than a collapsed wall.

I wouldn't bet that if you crashed your car because of the ice you'd escape also being liable - icy patches occur for all sorts of reasons and it's the driver's responsibility to keep their car under control.

Sometimes water flows because of a water company pipe, not someone's land's responsibility. We have loads and loads of different bits of water around here (at top of hill) and areas we always have to watch carefully when it is icy but most of the water will have come from a wood or flowing down from any of 10 houses as it goes down the hill. I think it might be quite hard to blame one particular house a bit higher up a hill as often as not the water came down the land from a house even further up etc etc

Surely you just put some paint/dye in the water coming out of each house to see where it’s going?

interesting question. Especially as we build over more and more green spaces.
its certainly been visible this cold snap where I am, new back garden houses and driveways / plastic grass have caused puddles where there wasn’t any. Driven down the road these have caused ice and yes, there has been accidents.

Contact your council they'll help sort out the road