As we have suffered the awful weather conditions over the past week and a half, we have heard stories of the weather and icy conditions taking their toll with many people suffering injuries as a result of slipping over in the icy conditions.
Many people therefore may be wondering what the Council’s responsibilities to the general public are.
Council Responsibilities During Winter
Under the Highways Act 1980, Councils have a duty to maintain roads and highways so that they are safe for motor and pedestrian traffic. However, the House of Lords (which is now the Supreme Court) in Goodes v East Sussex CC (2000) said that this duty does not extend to such wintery conditions.
The Labour Government, in response, enacted an amendment to the Highways Act, which now includes the words:
“a highway authority are under a duty, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.”
Although this clearly states that the highway authorities have a duty to the public to ensure safe passage along the highways in these conditions, in return it does offer them a defence if they can show that it was reasonable, considering the wider circumstances, not to grit the highway.
Therefore every case has to be considered upon its own merit, and there are no hard and fast rules in such cases.
How Nelsons Can Help
If you have any questions in relation to the topics discussed in this article, please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.