What classes as seasonal negligence? Negligence, in law, is the failure of an individual or business to behave with a level of care that would be expected to have been exercised under those circumstances, and seasonal negligence is no different. It could be the wrong actions being taken or it may also be a failure to act. An individual can make a personal injury claim for negligence if the actions or failure to act resulted in harm to them, even where no harm was intended.
Requirements for a seasonal negligence claim
For a claim of negligence to be made, a claimant need not have suffered physical harm as a result of the negligent behaviour. Damages can also be claimed for property damage or business errors. In order for a claimant to make a successful personal injury claim, they will have to prove that:
- the allegedly negligent defendant had a legal duty of care for the claimant or the general public.
- the inaction or actions of the defendant were not what could have reasonably been expected.
- the damages suffered by the claimant were the result of the actions or inaction of the defendant.
Another factor to take into account is whether the defendant could have foreseen the damages that would arise as a result of his or her inaction or actions at the time the damages occurred.
The ‘seasonal’ aspect of seasonal negligence
So what classes as seasonal negligence? In the winter months the weather can frequently bring snow, ice and sub-zero temperatures, increasing the likelihood of a fall or slip; collisions; injury; and property damage, and it is important that facilities are maintained properly in order to minimise the risk of accidents. Seasonal negligence can be a grey area, as individuals will also be expected to exercise greater care when driving or going about their daily business, so it is important to use a law firm with experience in this area, such as Accident Advice Helpline, that can advise on the likely success of any claim.
Although trips and falls can be easily avoided, this is one of the most common types of accident that personal injury lawyers in the UK deal with. Slips or falls on ice can lead to serious injuries that can result in months off work and significant loss of earnings.
Often, local authorities have a duty to maintain pavements and a legal duty to ensure that the pavements are safe to walk on. Anyone who slips and falls on ice that should have been removed may have a valid case against the council. Businesses such as supermarkets also have a responsibility to ensure that the pathways on their property are maintained to an adequate standard, and hazards such as ice should be removed.
What classes as seasonal negligence? The answer for some may be ‘not much’. They argue that an individual who slips and falls on ice should have been more careful, but whilst it is true that everyone should take extra care in bad weather, there are times when the accident could have been prevented by the appropriate steps being taken to ensure safety.
If you want advice on an injury you have suffered as the result of an accident, contact Accident Advice Helpline on 0800 689 0500 and we will be happy to discuss your case.