help an OAP, disabled or neighbour in ED

[bob]

In this very bad weather think of those less fortunate than some of us, maybe just your next door neighbour or the guy across the road can they get out are they a bit dodgy on ther pins, go on ring their bell, have they got milk,bread, tea can they get a warm meal,I'm not suggesting we all turn in to good samaritans but we could help a bit.

Bob S

[Clazza]

You are so right as I'm working from home today just gone & collected a neighbours prescription & got it filled, and doing another their dinner. Thanks for giving me the idea.

[bob]

Good on you Clazza I'm sure your neighbour realy appreciate's it.

Bob S

[PeckhamRose]

Thanks for the dig. I got an elderly neighbour, and I'll check on her shortly.

[bob]

Big it up for PeckhamRose

Bob S

[PeckhamRose]

Oh you're too kind, anyway, she was fine. Phew!

[Reg Smeeton]

One thing people can do is clear the snow on their path and the pavement in front of their home before it turns to compacted ice (and do it for elderly neighbours too). It's standard practice in some countries to clear your own stretch of pavement, rather than relying on council gritters to do it for you.

[Penguin68]

Reg wrote:-

It's standard practice in some countries to clear your own stretch of pavement, rather than relying on council gritters to do it for you.

And in those countries you normally carry legal liability if you fail to attempt to clear your path - in the UK (certainly in England, I'm not sure about Scots law) if you clear your path but fail to do so completely effectively and someone falls, then you can be sued - if you leave your path alone only God (or possibly the council) can be sued (such a fall is then an act of God, not man).

So people in the UK are often advised not to clear paths, as doing so may open them up to litigation in the case of accident.

Of course it's the 'right' thing to do, but it may not, in this increasingly litigious society ('had a fall, let us act for you, no win no fee') be the sensible thing.

[bob]

Good point RS.

Bob S

[Reg Smeeton]

Penguin68 Wrote:

-------------------------------------------------------

> Of course it's the 'right' thing to do, but it may

> not, in this increasingly litigious society ('had

> a fall, let us act for you, no win no fee') be the

> sensible thing.

Can I be sued if I'm an elderly person whose path has been partially cleared by an unknown helpful neighbour, and the delivery man then slips on my path? If so (and I fear the answer might be yes) then we live in a very sick society indeed.

[Penguin68]

Reg wrote:

Can I be sued if I'm an elderly person whose path has been partially cleared by an unknown helpful neighbour

I suspect that if the neighbour did it unasked, and if the elderly person was unaware of it being done (couldn't have stopped it being done) then he/ she would have a good defence in law that they were not responsible for the fall - although the good neighbour, if identified, might be liable. Any 'concert party' arrangement (neighbours clean each others' paths, but not their own) could be treated as a conspiracy - actually, I'm not sure whether that works under civil law, but if you contracted a third party to clear your paths and they failed to do so effectively, you could be sued, but could sue your contractor for a poor job.

If you put up a sign 'Path has only been partialy cleared, ice may still be there, pedestrians use it at their own risk' you may be able to avoid liability - it would be an interesting case to test.

[intexasatthe moment]

They are going to discuss this on BBC London radio this morning.

Have said they're getting legal advice.

[Fuschia]

I think this is a bit of an urban myth blown up by the press

Occupiers Liability Act 1957 - an occupier is liable for injuries caused on his premises, unless he has done all that he could reasonably be expected to do to prevent those injuries.

[redjam]

It would be interesting to know how many successful cases have been brought in the UK against helpful people clearing paths for elderly neighbours. I'd guess ... none. Surely even raising this issue here is slightly irresponsible, as it just distracts from common-sense friendliness and good 'citizenship'?

[Eileen]

I grew up in the North East. We had lots of snow every winter and all households cleared the paths outside their house. We never had councils doing it (or failing to do it). All the years I have lived here I have often felt sad that the practice seems to have been lost as I did it for my own front paths and no one else followed. The best time to do it if you are able to is as soon as the snow is an inch or so deep before it is walked on a lot, even if still smowing. It can be brushed away. But the garden spade is fine even after the snow has been walked on and it has hardened. I had not heard about the alleged legal liability until on this thread. Hope this can be cleared up soon. We have to find a way to get us all back to be more self reliant again instead of forever wanting Them to do something and then moaning that government is too big, useless etc etc.

[James Barber]

I've not heard of anyone being sued for clearing their path and someone slipping. I would have thought a lawyer is as likely to sue for not clearing a path. I would have thought most household insurances carry 3rd party insurance for just such circumstances.

Also, I don't think it likely that if someone slipped on a Southwark pavement and the council was sued that it would counter sue the adjoining property owner for clearing the pavement for them.

I think this line of concern is used by those of us who don't clear the snow.

[Yak]

I see the BBC's got a feature on this here

[PeckhamRose]

Don't forget to check on your elderly neighbours though!

[bob]

Well said PR thats what this post was about

Bob S

[brum]

I cleared my elderly neighbour's path last night and I'm sure she didn't know it was me. Crazy to think I could be sued for doing it.

[bob]

Got shoping for my mum she's 80.

Bob S