More silliness from the UK nanny state

[LeRoux Strydom]

Source: Health and safety experts warn: don't clear icy pavements, you could get sued - Telegraph

Health and safety experts in the UK warn: don't clear icy pavements, you could get sued
Pavements are being left covered in ice because of “ludicrous” laws that put home owners and businesses at risk of being sued if they try to clear them.

Heavy snow, low temperatures and a lack of gritting mean pavements throughout the country are too slippery to walk on safely. Hospitals have been struggling to cope with rising numbers of patients who have broken bones after falling on icy paths.

Yet the professional body that represents health and safety experts has issued a warning to businesses not to grit public paths – despite the fact that Britain is in the grip of its coldest winter for nearly half a century.

Under current legislation, householders and companies open themselves up to legal action if they try to clear a public pavement outside their property. If they leave the path in a treacherous condition, they cannot be sued.

Councils, who have a responsibility for public highways, say they have no legal obligation to clear pavements.

The Royal Society for the Prevention of Accidents expressed its disappointment that public safety was being neglected because of fears of possible litigation. A spokesman said: “This is not showing a particularly good attitude. It would be much safer for the public to clear paths, even if it’s not on their property.”

But the Institution of Occupational Safety and Health, the professional body representing 36,000 health and safety experts, gave warning that this could lead to legal action.

In guidance to its members, who advise businesses through*out the country, it said: “When clearing snow and ice, it is probably worth stopping at the boundaries of the property under your control.”

Clearing a public path “can lead to an action for damages against the company, e.g. if members of the public, assuming that the area is still clear of ice and thus safe to walk on, slip and injure themselves”.

Legal experts said home owners could fall victim to the same laws if they tried to clear an icy path but failed to do the job properly. John McQuater, president of the Association of Personal Injury Lawyers, admitted: “If you do nothing you cannot be liable. If you do something, you could be liable to a legal action.”

Ann Widdecombe, the former Tory minister and critic of Britain’s burgeoning “compensation culture”, said last night: “The idea you can be sued for being helpful is absolutely ludicrous.”

Clare Marx, past president of the British Orthopaedic Association and orthopaedic consultant at Ipswich Hospital, said: “If people want to clear pavements, they should just do it. I would have thought it’s a public service and it is a shame we have ended up with a culture where if someone slips, they want to sue someone. People need a bit of grit, in both senses.”

[The Gaijin]

What happend to "common law" - and common sense for that matter? Made illegal by the EU??

[legion]

Both have trumped common courtesy, apparently.

[jyl]

Well, if you are not responsible for the condition of a public sidewalk, and you voluntarily choose to clear it, then you probably are at some legal risk if you make it more dangerous. E.g. you remove soft snow and leave slick ice.

[LeRoux Strydom]

All these "professional" nanny institutions in the UK are just seriously annoying to most reasonable people. I wonder when the regular Englishman (and Scots, Welsh & Irish) will stand up again for common sense and personal accountability. Probably not anytime soon, as they have been brainwashed and wussyfied for so long...

[scottbombedout]

Absolutely complete bollox non story. The reason people dont clear paths outside their house is that they are lazy, plain and simple.

The reason the councils are not gritting them is because there is unprecedented demand for salt and they are prioritising where they put it.

All this Uk nanny state crap on here by people reading sensationalist newspaper stories is getting ridiculous.

[Rot 911]

Originally Posted by jyl

Well, if you are not responsible for the condition of a public sidewalk, and you voluntarily choose to clear it, then you probably are at some legal risk if you make it more dangerous. E.g. you remove soft snow and leave slick ice.

John, you are correct and the same thing has happened here in the U.S.

[m21sniper]

Originally Posted by jyl

Well, if you are not responsible for the condition of a public sidewalk, and you voluntarily choose to clear it, then you probably are at some legal risk if you make it more dangerous. E.g. you remove soft snow and leave slick ice.

See guys, this is why that law is there. Because it makes sense to some people.

Like Jyl, for instance!

[Hugh R]

Scottbombedout

You may be right, but I'm in London this week and I can't believe some of the stuff I'm reading in The Times each day.

1. A women sees a couple of strangers inside here fenced yard lurking about. She raps on the window and brandishes a kitchen knife. The guys for what ever reason leave and apparently call the police who come over and warn the mother, who has two little kids that she can't threaten people with a knife! She was in her kitchen and they were lurking in her backyard.

2. A man wrote and email to the local council opposing a plan to grant a gypsy a waiver of a permit to all them to squat on property with a mobile home. He says "He no likey this idea". Apparently the council though he was doing a play on words with the term "Pikey" which is a deragotary comment to gypsys. He was actually arrested for a racial sliur. Which 1) is nuts because he didn't use the term "Pikely", and 2) is even more absurd that he get arrested for a racial slur even if he had written it.

3. How about the "refugees" from Africa that get 3,000 pounds a week for housing assistance for their families. That's around $100,000/year in rent money free!

I like your country, and I'm not knocking it, just making observations from what I've read in The Times, this week alone. BTW, all of my drivers from the show express the same frustration about "The Dole", housing support for anyone who claims refugee status, etc.

[scottbombedout]

Hugh,

I dont look at my country with rose tinted specs. I know its failings, of which there are many.
If you have a few days I could start lising them.

But, newspapers print stories to sell papers. Maybe 50% of what you read is not true. I know from afar it is hard to differentiate the crap from the truth.

The Myleene Klass story (your number 1) is now turning out to be something more than what was said. With the Police categorically denying what was originally reported.

I certainly dont feel I'm living in a nanny state. Maybe its just a bit of Brit bashing on PP.

Scott

[Hugh R]

Scott

Love your country. and I don't mean to demean it.

[Shearer9]

Originally Posted by scottbombedout

Absolutely complete bollox non story. The reason people dont clear paths outside their house is that they are lazy, plain and simple.

The reason the councils are not gritting them is because there is unprecedented demand for salt and they are prioritising where they put it.

All this Uk nanny state crap on here by people reading sensationalist newspaper stories is getting ridiculous.

Scott,

Well said - you are spot on.

Geordie


Location : Portland (OR)/The Toon (UK)

[sammyg2]

Originally Posted by Hugh R

Scott

Love your country. and I don't mean to demean it.

Except they talk funny and have really old buildings

[m21sniper]

Originally Posted by scottbombedout

Hugh,

I dont look at my country with rose tinted specs. I know its failings, of which there are many.
If you have a few days I could start lising them.

But, newspapers print stories to sell papers. Maybe 50% of what you read is not true. I know from afar it is hard to differentiate the crap from the truth.

The Myleene Klass story (your number 1) is now turning out to be something more than what was said. With the Police categorically denying what was originally reported.

I certainly dont feel I'm living in a nanny state. Maybe its just a bit of Brit bashing on PP.

Scott

Wow, the police are denying it? Then it's GOT to be a lie!

[m21sniper]

Originally Posted by geordie

Scott,

Well said - you are spot on.

Geordie


Location : Portland (OR)/The Toon (UK)

I rather suspect you wish there was more nanny state laws in your fair city, right right old boy?

[scottbombedout]

Originally Posted by Hugh R

Scott

Love your country. and I don't mean to demean it.

Hugh, no offence was taken.

Originally Posted by m21sniper

Wow, the police are denying it? Then it's GOT to be a lie!

Snipe, I have got the same feelings towards the Police as you have too. The difference being that in the UK it is very unusual for the Police to come out and deny anything. Normally they keep quiet. Thats what makes me tend to believe their version of events in this case.

[teenerted1]

Originally Posted by Kurt V

John, you are correct and the same thing has happened here in the U.S.

actually in some USA communities it is the homeowners/residents responsibility to clear the sidewalk in the event of snow, ice, mud, etc.

depends on where the sidewalk is placed, and where your property line starts. if your property starts at the curb/street you have to clear the walk...if it starts on your side of the walk it is the appropriate municipality job to clear the walk. same thing on who has to take care of the upkeep on the boarder between the walk and curb/street.

[MattKellett]

Sounds to me like this is silliness that's been imported from the USA

When I left the UK in '96 people rarely thought about suing or blaming someone else for tripping slipping on ice etc..... I was saddened to see that on a trip back in '02 how things had changed, when I saw an ad on tv for a litigation lawyer. Of all the good ideas imported into the UK from our friends here in the USA, this one should have been halted at the coastline.

The door has now been opened and there's no closing it


Hey - Geordie where are you from? Newcastle? I spent my childhood near Hexham N'thumberland.

[Shearer9]

Matt - PM sent.

G