With the country currently in the midst of the coldest winter in over 30 years, the number of people involved in road traffic accidents or having falls due to the icy conditions, will have no doubt unfortunately increased. Does this therefore mean that these accidents can be successfully defended given that the weather is an “act of god”? This is not necessarily the case.

The condition of public roads and highways are the responsibility of local councils. However, with the big freeze continuing and the government suggesting rationing supplies of salt and grit, this will no doubt lead to a debate over exactly how far a councils duty of care extends.

In theory, if a council fails to properly grit a road or public area in icy weather and someone suffers an injury because of this, they may be able to claim for compensation. However, it can be very difficult for a local authority to ensure every pavement, public area and highway is made safe. These claims would be very difficult to prove and it is likely that Courts would take into account mitigating circumstances such as the exceptional weather conditions and they may be reluctant to find against public authorities except in the very worst cases of negligence.

Drivers however, must still take reasonable precautions and drive safely, taking into account the conditions. If a driver is travelling too fast and not proceeding with significant caution and as a result looses control causing an accident, they may not be able to blame the icy conditions. This could also be relevant for people whose vehicles have been hit by other drivers skidding on the ice. In establishing if a driver is liable, factors such as any witnesses as to the standard of driving of the vehicle prior to a collision and any photographs showing the final position of vehicles, would be taken into account.

The icy road network will have forced many people to use public transport. It should be noted that Train and Bus stations have a duty of care to ensure the safety of all visitors under the Occupiers Liability Act 1957. This will require them to ensure there is a safe passage through any snow or ice and to have visible warnings to warn the public of the conditions. Was there an adequate system in place for spreading grit and was it followed? These factors would be taken into account in any claim. A defence of “enter at your own risk” will not suffice.

Home owners should also be advised to take care if and when they are clearing a path through the snow to access their property. A visitor may assume it is safe underfoot and if they were to fall and be injured as a result, the homeowner could be found responsible.

For those workers who have managed to brave their way through the conditions into their workplace, it should be noted that their employers also have a duty of care to follow. They need to ensure that pathways to areas such as entrances, delivery areas and car parks are clear. Failure to ensure this could leave them open to potential legal action.