Ice and Council liability

[cabby]

A friend that lives around the corner slid his M3 convertible into the kerb today whilst negotiating a bend resulting in a snapped ball joint + badly kerbed alloy. I guess there could be further, less visible damage.

The junction in question has a covering circa 1"+ thick of black ice as a result of last week's snow. It doesn't appear to have been gritted.

The road is part of the development we live on but was confirmed by the Council as a borough road - I thought it may have been private.

My friend stood with the car fearful it would get hit by someone doing the same as him. In the few hours he waited he was nearly hit by someone who crashed into the kerb next to him. He probably prevented a few others from doing the same through his arm waving warning people of the danger. At least half of the people using the road were driving too fast unaware of the danger. We also watched as a postie did a fantastic but unplanned 180 on his pushbike .

Anyhow, I called the council to ask to get it gritted. Whilst talking it became apparent the council had received other calls about the same spot. Turns out the council had visited the site and declared it did not need gritting . I questioned the judgement of the council and the very helpful lady said the person who visited the site could phone me if i like. I've yet to hear back from him.

Anyway, turns out there have been several other crashes at this spot due to the ice. This was confirmed by the granite kerb which has several obviously very fresh chunks missing from it.

So, to my question, surely the council must take some level of responsibility given the circumstances above and therefore potentially be liable?

[Tipex]

Nope, I know from bitter experience the council will accept no responsibility whatsoever.

They are not actually duty bound to grit or clear the roads at all, they do it as a public service, but they don't have to.

[m4ttm4son]

I could understand that if it were an isolated case. But considering the number of accidents, a complaint which was followed up and ignored, then several more accidents, surely there's some argument to be had?

[Sponge]

Surely if they'd been told about an accident black-spot, checked it out, but did nothing about it, that would be a breach of their duty of care and they could be held negligent.

[NewNiceMrMe]

I can't see any argument for the driver/car at all. I can understand the frustration, but it's one of those things and no council is going to be able to secure every single road surface.

[byron13]

I can't see any argument for the driver/car at all. I can understand the frustration, but it's one of those things and no council is going to be able to secure every single road surface.

Totally agree - Do people really feel that somehow a Council could be held responsible for ice on a road and a driver failing to consider the conditions before heading out onto the roads! Folks it was snow and ice! Accidents happen, that's what insurance is for NOT the USA liability culture. Gritting is best endeavours not a mandate that NO ice will be on the roads. Sorry if my reply seems harsh but shocked that anyone could even consider trying to claim of a local council for this.

[mb]

They have probably got a liability to the entire community so can't be held responsible for specific situations, just as if you called the police & they were too busy, you wouldn't be able to sue for any damage you suffered even if they could have stopped/prevented it by attending.

[cruiser647]

Driver error.

Would the driver try to claim if he had done the same and the road was just wet? Or would have taken more care - after seeing the road was wet?

Wouldn't his car have been bleeping like a stabbed pig telling him the temperature was low enough for ice?

[garcon magnifique]

It's all very well wanting to blame the council, but I doubt anyone would be happy with the necessary increase in council tax to cover the claims and/or take on a duty of care to grit every road.

[m4ttm4son]

It's all very well wanting to blame the council, but I doubt anyone would be happy with the necessary increase in council tax to cover the claims and/or take on a duty of care to grit every road.

Not saying that it is all the council's fault, but there should be some duty of care to grit a place that has had several reported accidents and complaints due to ice. If they actually sent someone there to inspect it, why didn't they just send a gritter lorry and be done with it?

I bet they'd run over there with a speed camera if they cited speed rather than ice as the culprit [/Daily Fail]

[saab]

This page has a pretty good summary of the legal position and case law: Council liability for slipping injuries on ice and smnow - local authority duty to grit and clear the pavements and highways