Twelve try to sue Kirklees for falling over in the snow

Jan 11 2010 by Sam Casey, Huddersfield Daily Examiner

Twelve try to sue Kirklees for falling over in the snow

A HANDFUL of pedestrians have tried to sue Kirklees Council for falling over in snowy and icy conditions.

Under the law, councils are strongly protected from claims made by people who have hurt themselves in slippery, wintry conditions.

But that hasn’t stopped 12 people trying to claim in Kirklees during the last two winters – and five have already been knocked back.

Kirklees Council said one person made a claim over a snow or ice-related fall in the winter of 2007-08. It was rejected.

Eleven tried in the winter of 2008-09. Four have been rejected and seven remain outstanding.

No-one has submitted a claim yet this winter, but there is believed to be growing public frustration over falls on untreated council paths and pavements, over grit bins provided for public safety remaining unfilled and over slips and trips where paths, pavements and handrails have remained unrepaired since before the winter.

Sarah Young, a personal injury specialist at Ridley and Hall solicitors in Huddersfield, said the council was protected.

She said: "Under the Highways Act 1980, the local authority is responsible for ensuring safe passage along a highway so far is reasonable practicable.

"At this time of year the local authority will be concentrating on the main roads, so if your accident is on an untreated minor road or pavement you will be less likely to be able to bring a claim.