Imagine you're employed as a home carer in Scotland. Your work requires you to go out at all times of day and in all kinds of weather to provide personal care to the elderly, vulnerable and terminally-ill. One night in winter, with snow and ice lying on the ground, you slip and fall as you make your way to one of your client's homes. You break your wrist. The flat boots you were wearing had ridged soles but their grip was not enough to keep you upright. It turns out that crampon-like shoe attachments were available at reasonable cost and they would probably have prevented your fall if your employer had given you them to use. In other words, you can argue that your employer failed to take proper care for your safety, by failing to provide adequate personal protective equipment, so you have a right to claim compensation from them for your injuries and other losses. On the other hand, periodic sub-zero temperatures are a fact of life in northern Europe, aren't they? Anyone Continue Reading
Ice and Snow Accident Articles
Below are listed our articles dealing with accidents occurring in conditions of Snow and Ice.
We have recently looked at claims for injuries to drivers caused by vehicle slipping accidents in wintry conditions and now it’s time to look at claims by pedestrians in similar circumstances. Slips on premises - reasonable scope for a claim If you slipped on premises where the owner or occupier is responsible for keeping the property free from snow and ice, you may have a claim against them under the Occupiers’ Liability (Scotland) Act 1960. Slips while you are working - reasonable scope for a claim Slips due to snow and ice while at work may be covered by health and safety regulations, though you need to note the uncertainty arising from the changes brought about by the Enterprise and Regulatory Reform Act 2013. There may be reasonable prospects of a successful claim even if the accident did not occur on property belonging to your employer. Slips in the street - or "public liability" slips - poor chances of success The most common scenario, however, is where you have been out Continue Reading
We are back to that time of year when the roads in Moray and the North of Scotland are regularly icy or snow-covered. In this blog, we are looking at the chances of making a claim for personal injury where, due to the road conditions, you lose control of your vehicle on ice or snow and have an accident. The fact is these are very difficult claims to make successfully, if you were the driver of the vehicle. Difficulties for drivers in claiming successfully … As you will see from what follows, under Scots Law the relevant highway authority will virtually never be to blame for an accident caused by a vehicle skidding on ice or snow. This puts the onus very much on you as the driver to take great care when driving in such conditions – and even to think carefully about whether you should make your journey at all. … Though not for passengers If you are a passenger in a single vehicle accident of that type, you will almost certainly have a claim against the insurers of the driver of your Continue Reading