Orangehorse
Well-Known Member
Following on from the lady who fell and broke her arm on the ice and was wondering about suing the yard owner. This was in a farming paper that came yesterday on the same subject:
"Under the Occupiers Liability Act 1957 the owner of a property has a duty within reason to clear snow and ice on their property to enable third parties to pass without falling."
What is reasonable? If you have a long drive you may not be able to clear it. If it is a short drive and farmyard you may be able to clear it and put down grit. Each case stands on its own merits but if you have within reason cleared it then you have fulfilled your duty. After clearing may come further freezing and ice but you can demonstrate you have made a reasonable attempt.
The law is different on the public highway under the Highways Act 1980.
If the liveries had been complaining that the yard was very icy and nothing had been done to attempt to improve the situation I would have thought the YO was liable. Just my opinion.
"Under the Occupiers Liability Act 1957 the owner of a property has a duty within reason to clear snow and ice on their property to enable third parties to pass without falling."
What is reasonable? If you have a long drive you may not be able to clear it. If it is a short drive and farmyard you may be able to clear it and put down grit. Each case stands on its own merits but if you have within reason cleared it then you have fulfilled your duty. After clearing may come further freezing and ice but you can demonstrate you have made a reasonable attempt.
The law is different on the public highway under the Highways Act 1980.
If the liveries had been complaining that the yard was very icy and nothing had been done to attempt to improve the situation I would have thought the YO was liable. Just my opinion.