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Council compensation for ice injury

68 replies

Justjoinedforthis · 29/12/2022 10:29

I fractures my wrist walking very carefully down my iced over road, this is in London and it was a well used residential street. I saw so many other people have bad falls, and this was after three days of solid ice.

I honestly hate the culture of compensation, it’s not about the money - I could donate that (or use it to buy a grit box for our street!) but I feel I really want them to do a better job next icy period. I had emailed about how icy it was and got palmed off.

Does anyone have experience of this, in regards to ice? Or should I just let it go. For the record I am not one of these ‘anti council’ types who are always complaining, I generally love the council bit this was really lethal.

OP posts:
RedToothBrush · 29/12/2022 12:23

If I knew someone who sued the council because they fell over on ice, I'd have a very very low opinion of them.

Its not realistic. How many people do you think you would need to do this? Once or twice a year. How would you facilitate this? Never mind pay for it.

Meanwhile councils are closing everything and service levels of even essential services are suffering.

But yeah you might get a nice payout - or you might not but the council will still have to pay legal fees - which is paid for by who exactly?

I can't stand this lack of taking responsibility for yourself and understanding that sometimes things are accidents where there isn't blame to assign.

Honestly, this is simply low life grifting.

LuluBlakey1 · 29/12/2022 12:33

RedToothBrush · 29/12/2022 12:23

If I knew someone who sued the council because they fell over on ice, I'd have a very very low opinion of them.

Its not realistic. How many people do you think you would need to do this? Once or twice a year. How would you facilitate this? Never mind pay for it.

Meanwhile councils are closing everything and service levels of even essential services are suffering.

But yeah you might get a nice payout - or you might not but the council will still have to pay legal fees - which is paid for by who exactly?

I can't stand this lack of taking responsibility for yourself and understanding that sometimes things are accidents where there isn't blame to assign.

Honestly, this is simply low life grifting.

This

purpledalmation · 29/12/2022 12:34

Do they owe a duty of care, yes. Did they fail in this duty? Very doubtful. They cleared roads and may have been in the process of clearing main pavements, but could not have been expected to clear all ice.

MerryMarigold · 29/12/2022 12:43

The council for my area (Epping Forest) gritted NO roads or pavements. We had a lot of snow. As an example, the 3 Secondary schools in our local area were shut from at least Monday till Thursday (my children's was shut till after Christmas). The main roads were 'cleared' by cars driving on them (I'm not sure about motorways) and side roads were ice rinks, let alone pavements. It was awful! I didn't see any grit other than a few houses who had their own.

BungleandGeorge · 29/12/2022 12:53

They don’t have a responsibility for clearing all pavements so you won’t be able to sue. Most roads in this country aren’t gritted either. I guess it caught you unaware as you’re in London and it doesn’t often happen?

kegofcoffee · 29/12/2022 12:55

Assuming you're in Enfield. Everything you need to know is in this document. Appendix 3 shows the footpaths they MAY grit if there is a prolonged period of snow/ice.

The key word is MAY, and from what I saw on Facebook they did get teams out to grit some paths.

https://www.enfield.gov.uk/data/assets/pdfffile/0020/30908/Winter-maintenance-plan-Roads.pdf

In most areas you can buy a grit bin from the council and they'll refill it for you. Then you grit your own paths.

There is no way the council have the budget to grit all the paths, and how would it even work? You'd have to employ someone 52 weeks a year just to grit for 3-4 nights a year?

Beamur · 29/12/2022 12:57

Where I live most of the grit bins have been taken away. I think people were taking the grit and using it on their own drives and such like when it's intended for pavements. It's a cost saving as Councils have no spare cash at the moment.

IneedanewTV · 29/12/2022 12:58

Councils have no legal responsibility to keep side pavements clear. Put in a claim. But you won’t win. It’s an impossible task for councils.

Suedomin · 29/12/2022 13:01

I'm afriad local authorities don't have enough money to provide vital services like social care for all those who need it. They certainly don't have the funds to grit every pavement even pavements that are well used. Its very common where I live for some pavements to be lethal to walk on in the winter. Many people have grippers on their shoes and or walk on the road. My friend had a nasty fall just walking to her car. I don't think anyone has sued the Council it's just a hazard of winter.

rookiemere · 29/12/2022 13:06

In countries like Canada and USA I believe residents have a legal obligation to keep their pathways cleared of snow either by doing it themselves or paying someone to do it.

In our street DH cleared and gritted our driveway and a bit of the shared cul de sac, meaning it was not slippery or dangerous. No one else cleared theirs meaning it would have impossible for me to walk to the bus stop if I hadn't had my grippers for my shoes.

I hate this culture of suing councils for something like this. They can't be held responsible for the weather and if you saw the path was so icy, you could have avoided going out or have yak trax.

Ariela · 29/12/2022 13:47

Why didn't you pop big fluffy oversocks on your shoes if you insisted on going out? Or stay in.

Justjoinedforthis · 29/12/2022 14:10

Thanks for all the replies. Not a grifter, we are all public sector in our house, I used to work for Haringey council. I just want them to take notice. I feel they ignore us when we write in, which I have done. If they have no responsibility to clear pavements then of course I won’t get legal - thank you for the information.

I will write and push for grit for us, everyone of our road would happily do it. I still stand by the fact that it’s not acceptable to have such dangerous conditions for a whole week - no exaggeration, it was like walking half a mile on an ice rink with two small children (the 4 year old went down and we all fell). I was wearing snow boots and it was an unavoidable journey we had to do twice a day.

OP posts:
KousaMahshi · 29/12/2022 14:14

Justjoinedforthis · 29/12/2022 14:10

Thanks for all the replies. Not a grifter, we are all public sector in our house, I used to work for Haringey council. I just want them to take notice. I feel they ignore us when we write in, which I have done. If they have no responsibility to clear pavements then of course I won’t get legal - thank you for the information.

I will write and push for grit for us, everyone of our road would happily do it. I still stand by the fact that it’s not acceptable to have such dangerous conditions for a whole week - no exaggeration, it was like walking half a mile on an ice rink with two small children (the 4 year old went down and we all fell). I was wearing snow boots and it was an unavoidable journey we had to do twice a day.

Why would they take notice of youj whining at them for not doing somehting they don't need to do? Why would they use their time and money to reply to your daft complaint?

If it was so terrible for you, why didn't YOU do something about it?

Justjoinedforthis · 29/12/2022 14:23

KousaMahshi · 29/12/2022 14:14

Why would they take notice of youj whining at them for not doing somehting they don't need to do? Why would they use their time and money to reply to your daft complaint?

If it was so terrible for you, why didn't YOU do something about it?

That’s such a helpful reply thank you!

OP posts:
yaflouloci · 29/12/2022 14:28

Ariela · 29/12/2022 13:47

Why didn't you pop big fluffy oversocks on your shoes if you insisted on going out? Or stay in.

People work?

DreamingOfAGreenChristmas · 29/12/2022 14:31

I have never known any London council grit or salt pavements on residential roads and can’t imagine how they would suddenly rustle up the capacity to do it.

Totally unrealistic, which is why in countries where such conditions are common (Germany, Canada for e.g) citizens have a responsibility for the patch in front of their house.

Sadly no one in your road (or mine) showed that level of community responsibility.

I hope your wrist mends quickly.

DreamingOfAGreenChristmas · 29/12/2022 14:33

People can shovel snow so that it doesn’t freeze as ice. We could all have done that. I am not sure a grit bin in every road is practical.

CoffeeBoy · 29/12/2022 14:34

Problem is the grit bins get vandalised.

pavements have never been cleared, probably decades ago people used to have more time/be more neighbourly and clear stretches of pavements. Certainly ten years ago when it was icy I cleared a massive stretch of pavement outside my house as I’m near the shop so people could park up and then walk without slipping. But this year I’ve been busy at work so it didn’t get done.

RedToothBrush · 29/12/2022 14:37

Justjoinedforthis · 29/12/2022 14:23

That’s such a helpful reply thank you!

Yeah you could organise locals to grit the area. Instead of insisting you aren't grifting.

KousaMahshi · 29/12/2022 14:39

Justjoinedforthis · 29/12/2022 14:23

That’s such a helpful reply thank you!

It is a helpful reply actually. The path in front of my house was extremely icy too, my son fell and hurt himself. You know what I did? I salted it! Then I did it again the next day and the next day too.
Slipping around on the ice for a week and breaking your wrist rather than actually helping yourself, wearing better footwear, and then threatening to sue the council, to take cash from them so they can do even less....you're pathetic.

Yarnosaura · 29/12/2022 14:40

Snow boots are for snow, and, as others have said, you need spikes for ice.

Pushing for a grit bin is a good idea.

tenbob · 29/12/2022 14:44

Justjoinedforthis · 29/12/2022 14:10

Thanks for all the replies. Not a grifter, we are all public sector in our house, I used to work for Haringey council. I just want them to take notice. I feel they ignore us when we write in, which I have done. If they have no responsibility to clear pavements then of course I won’t get legal - thank you for the information.

I will write and push for grit for us, everyone of our road would happily do it. I still stand by the fact that it’s not acceptable to have such dangerous conditions for a whole week - no exaggeration, it was like walking half a mile on an ice rink with two small children (the 4 year old went down and we all fell). I was wearing snow boots and it was an unavoidable journey we had to do twice a day.

Grit is a few quid a bag from B&Q

if you’re so sure you’re neighbours will all help out, why don’t you all chip in a few quid and get some bags for your street and then use it when it’s next icy

Much cheaper, easier and simpler than lobbying the council for a grit bin and if everyone is genuinely as keen to help as you suggest, they won’t begrudge chipping in a fiver and 20 mins of their time to clear their bit of pavement

www.diy.com/departments/tarmac-meltaway-grit-22-5kg-bag/1224445_BQ.prd

gogohmm · 29/12/2022 14:49

How is a council expected to clear every pavement (and road) they simply don't have the staffing. Are they meant to be able to call upon thousands of people at short notice?

Aquasulis · 29/12/2022 14:51

No the council isn’t responsible for the council read us - the public paying tax
ice happened
you fell over and broke your wrist
I assume the NHS / not free again all of us paying tax paid for - assume they provided free medical service etc and sorted it

putting in a complaint fine - approach the town council or parish council over grit bins - but think of the cost who is going to fill them, maintain them and deal with people complaining they are empty - yes the same council that had to pay anything through tax

I doubt very much that you would get anywhere - except maybe cost the council (aka the public tax payer) more money to defend it that could be spent on services

you would have to prove they were negligent and that you had a loss of earnings etc as a direct result of them not carrying out their responsibilities

in this case

MaturingLikeCheese · 29/12/2022 14:56

If you’re all public sector the you should know better!

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