ISSUE NUMBER 50 SEnine


presented us with some wonderful landscapes and views; snow is a beautiful act of nature. The snow and icy weather conditions were fun, at the start, but as the reality of the effects of these weather conditions set in the ‘fun’ turned to problems and frustration.


There


I set about to clear the snow from the steep steps that approach my front door, and that completed I decided to clear the pavement in front of my property. While carrying out this task I was warned, on more than one occasion, that I faced being sued. What was the foundation of these warnings.


As is my nature I started to research.


In 2004 the then government warned that clearing the pavement in front of your property was the responsibility of the council. The warning was that if it is done in a less than complete manner and leaves ice, which is more dangerous than the original covering of snow, it may not necessarily be the local authority that is responsible but the householder for having dealt with the pavement.


More recently in November 2010 the government position was that Individuals had no reason to fear legal action after tackling pathways as long as they followed the snow code, the government advised. Now that’s a new twist, a ‘snow code’.


The reality is that no one has ever been successfully sued for clearing snow. There have been two cases in the UK and both were dismissed.


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Perhaps what we need is leadership. Someone in authority brave enough to stand up and say 'Clean the pavements, you are safe doing so'.


In parts of the world the public is expected to help keep the streets clear of snow. In Minneapolis, in the US, it's your legal duty.


"Keeping our sidewalks free


of ice and snow is the neighbourly thing to do, and it's the law.. Please do your part," says the local authority's website.


The rules are strict. Snow must be removed from pavements outside homes within 24 hours of snowfall ending. However, they are given free "sidewalk sand" to do the job.


The US city of Boston is equally tough. The mayor's website states people have a personal responsibility to remove snow from "the full paved width of the sidewalk or a minimum of 42 inches wide".


The lack of such a statement would not stop me from doing what I view is a good civic act, but it would make me more comfortable knowing that I am being supported.


I cannot tell you what to do, you must make your own decisions. But clearing snow for others, especially those that might not be able to do it for themselves seems so natural to me I wonder what sort of world has been created by the ‘ambulance chasing brigade’.


For me, I will continue to clean the pavements in front of my property, I will continue to help those less able by clearing their access and their pavements.


Want to sue me? You know my address. Enjoy life:


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is no doubt in my mind that the snow


Not satisfied with these results I took the opportunity to have an informal chat with Chris Roberts, Leader of the Greenwich Council. He said that it was an urban myth and very unlikely that you would be sued for clearing snow from the pavement in front of you property, and the facts bear him out. He went on to say that the council would love to have people clear the area in front of their property as a community activity.


I know we live in a world of litigation were people will sue for profit, ignoring their personal responsibility to look after themselves. This has had a detrimental effect on our personal ability to be civic minded and to ‘lend a hand’ to those that need help. All very sad.


JANUARY 2011


There are also strict regulations in Germany, Austria and Switzerland. Most German towns have a "street cleaning statute". Snow- shov elling requirements are spelled out in detail, even down to the minimum width of the cleared area and the time during which you must keep the snow cleared.


It looks like we are in for more snow and bad weather and it would be great if our government or council made a firm positive statement on the matter.


From My Desk


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