The 'compensation culture' society we live in, coupled with the increasingly severe winter weather means we are likely to see increasing claims arising from people slipping on snow and ice in the winter months. The potential cost of such claims for companies and other organisations ranges from a few thousand to millions of pounds, and that doesn't include the potential for bad publicity and damage to reputation. Companies have legal duties regarding snow and ice on private premises. Plexus Law and De-ice ran a seminar highlighting a case study of a famous footballer who slips and injures himself on an untreated retailer's car park during bad winter weather - leaving him unfit to play in the World Cup. The player successfully brings a claim - the court case makes headline news, and attracts bad publicity for the retailer. The presentation covers the duty owed to members of the public and to employees, and looks at the practical aspects when it comes to winter maintenance solutions.

1. Don't get caught offside: show
ice and snow claims the red
card

2. A winter (football-themed) personal injury case study, with outcomes
• Jonathon Tetley – Partner, Plexus Law
• Vicky Lopez – Director, De-ice
Kick off

3. The big match
Mr Duane Looney, a famous footballer, is out shopping with his wife Maureen at their favourite store, “WAGS R US”
Whilst walking across the car park, Duane slips on an icy patch and falls to the ground injuring his knee in the process
The car park had not been gritted or otherwise treated. There had been ice and snow around for several days, and the
weather forecasts were for continuing ice and snow
Other customers had slipped and nearly fallen and had complained to the store’s management
The injury keeps Duane out of the game for many months and he misses the World Cup. England go on to
win it! And he misses out on a World Cup winner’s medal
The footballer brings a claim under the Occupiers’ Liability Act against the owners of the store

4. The cross examination
The FM working on site at ‘WAGS R US’ is called into
court to provide his evidence

5. Post match analysis
You be the Judge…
What are the facts?
Does Duane Looney win his claim, or does he lose?

6. Duane wins his case and is awarded £2million in compensation including compensation for:
Pain, suffering and loss of amenity
Loss of earnings
Care and assistance
Private medical expenses/cost of surgery
The court case makes headline news and attracts bad publicity for the store resulting in a drop in
customers and sales
The results

7. WAGS R US – the losers
The defendants lost this case because:
The accident was foreseeable given the prevailing weather
conditions at the time and in the days leading up to the
accident and due to the fact that other customers had slipped
and complained to the store’s management
The defendants failed to take any or any reasonable steps to
grit or clear the area in question and had no winter
maintenance policy

8. Rules of the game
Companies and other organisations who occupy private premises owe a legal duty of care to
visitors to their premises
Visitors can be members of the public or employees i.e. any person entering with permission
Premises means not just buildings but the entirety of the land including car parks and private
access routes (not maintainable by the highway authority)
An occupier is any person with control of the premises or that part of them to which the visitor is
invited; most commonly the owner or tenant of the particular premises

9. The duty of occupiers to members of the public
Section 2 Occupiers’ Liability Act 1957:
“…to take such care as in all the circumstances of the
case is reasonable to see that the visitor will be
reasonably safe in using the premises for the purposes
for which he is invited or permitted by the occupier to
be there.”

10. The duty of employers to employees
Regulation 12 (3) Workplace (Health, Safety and Welfare) Regulations 1992:
So far as is reasonably practicable, every floor in a workplace and the surface of
every traffic route in a workplace shall be kept free from any article or substance
which may cause a person to slip, trip or fall.
“
”

11. Application to snow and ice
The duties under the Occupiers’ Liability Act and Workplace
Regulations apply to snow and ice
Reasonable steps must therefore be taken by occupiers and
employers to guard against and reduce as far as reasonably
practicable the risk of members of the public and employees
slipping and injuring themselves in snowy and icy weather

12. The referee’s considerations
The severity and duration of the conditions
The number of visitors (including employees)/footfall
The size of the company/organisation
Resources
Reasonable practicability
Financial and reputational

13. Winners will have a ‘match plan’
Organisations have to appreciate that when it comes to
removing ice and snow the responsibility falls firmly on
them. Failure to properly protect employees and site
visitors could result in claims exposure running to millions
of pounds

14. Getting the right team in place
• De-ice is one of the UK's longest-established and leading winter gritting and snow
clearance specialists
• Providing winter maintenance services, and helping to keep businesses, hospitals,
schools and retail outlets safe and open during extreme weather
• Focused on ensuring customers' sites are made safe and remain open during periods
of adverse weather
• With the latest gritting equipment and expertly trained operatives
• We have built a bespoke technology system which monitors the weather and triggers
service delivery alerts
• In the event of a possible claim, De-ice customers can rely on an extensive service
audit trail in order to evidence that a site or an area was fully serviced

15. How to defend yourself
Evidence and documents required:
Risk assessments
Winter policy/policy for dealing with snow and ice (formulation and implementation)
Salting and gritting/overnight and through day (including gritting logs/schedules)
Weather forecasts/monitoring of weather conditions
Specialist sub-contractors/gritting companies
Warning signs
Car parks/parked cars/accessibility of areas requiring gritting
Instructions/training of staff
Not reasonably practicable to grit or clear area in question?

16. Conclusions
• More severe winters + compensation culture/solicitor advertising = more claims
• BUT can be defended with right systems, evidence and documentation!
• The best way to avoid and reduce claims is to avoid and reduce accidents… and that does not
require lawyers!

17. Make sure you’re on the winning team…