Home   Kent   News   Article

Am I liable if someone falls having cleared a path of snow? This is what the law says

As heavy snow falls across the county, many homeowners and business owners will be wanting to clear paths and driveways to ensure a clear access route.

However, some have long feared that if someone has a slip, trip or falls on a surface they have cleared of snow, they could be held legally liable.

A man clearing snow from his property. (Jane Barlow/PA) (44304477)
A man clearing snow from his property. (Jane Barlow/PA) (44304477)

This guide is designed to help you to act in a neighbourly way by safely clearing snow and ice from pavements and public spaces.

Will I be held liable if someone falls on a path I have cleared?

There is no law preventing you from clearing snow and ice on the pavement outside your property, pathways to your property or public spaces.

It is very unlikely that you would face any legal liability, as long as you are careful, and use common sense to ensure that you do not make the pavement or pathway clearly more dangerous than before. People using areas affected by snow and ice also have responsibility to be careful themselves.

In 2015 a new 'Good Samaritan' law ('SARAH' - Social, Action, Responsibility and Heroism Act) came into effect in England and Wales.

This act seeks to counteract the growing perception that people risk being successfully sued if they do something for the common good - like clearing snow from a path in front of their home or helping in an emergency situation.

A woman clearing the snow from outside her home. (Steve Parsons/PA) (44304539)
A woman clearing the snow from outside her home. (Steve Parsons/PA) (44304539)

If an accident did happen, it's highly unlikely that you would be sued as long as you are careful and use common sense to make sure that you don't make the pavement or pathway clearly more dangerous than before. People using areas affected by snow and ice also have responsibility to be careful themselves.

Avoiding negligent behaviour

Under common law a volunteer can only be considered negligent if they deliberately went out to create a hazard. Actions which could give rise to liability for negligence would be (a) the careless release of snow from the shovel, (b) the careless placing of snow so as to conceal or create a hazard, and (c) the use of water which actually increases the risk of slipping or skidding.

Therefore:

  • do not release snow from the shovel into the actual or potential path of vehicles or pedestrians
  • do not dump snow so as to create or conceal a hazard
  • do not use water as this can refreeze and create black ice.

What can I do to help clear snow and ice from pavements and public spaces?

Practical advice from highway engineers is given below:

  • Start early: it is much easier to remove fresh, loose snow compared to compacted ice that has been compressed by people walking on it
  • Do not use hot water. This will melt the snow, but may replace it with black ice, increasing the risk of injury
  • Be a good neighbour: some people may be unable to clear snow and ice on paths leading to their property or indeed the footway fronting their property. Snowfall and cold weather pose particular difficulties for them gaining access to and from their property or walking to the shops
  • If shovelling snow, consider where you are going to put it, so that it does not block people’s paths, or block drainage channels. This could shift the problem elsewhere
  • Make a pathway down the middle of the area to be cleared first, so you have a clear surface to walk on. Then you can shovel the snow from the centre to the sides
  • Spreading some salt on the area you have cleared will help to prevent any ice forming. Table salt or dishwasher salt will work, but avoid spreading on plants or grass as they may be damaged by it. A few grams (a tablespoon) for each square metre you clear should work. The salt found in salting bins will be needed for keeping roads clear
  • Particular care and attention should be given to steps and steep gradients to ensure snow and ice is removed. You might need to apply additional salt to these areas
  • Use the sun to your advantage. Removing the top layer of snow will allow the sun to melt any ice beneath; however you will need to cover any ice with salt to stop it refreezing overnight
  • If there is no salt available, then a little sand or ash is a reasonable substitute. It will not have the same de-icing properties as salt but should offer grip under foot.

Keep up-to-date with how the snow is affecting parts of the county today here.

Read more: All the latest news from Kent

Close This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.Learn More