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Where do we stand on taking the council to court?


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My mum had a fall two days ago in the recent snow fall the road we live on hill and the road and paths turn to ice due to the lack of grit we couldn't grit the paths or road. Due to this, my mum has possibly broken her wrist and pulled a ligament in her leg. Due to the council not gritting is my mum able to sue the council? She's going to see the radiologist next week to see if it's broken.

 

Where do we stand on this and where can we go from here? I've taken pictures of her hand and wrist.

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They arnt where I am, gritting any paths and estate roads, just the main routes. Dont know wether the council would be held liable some one in the know should arrive later. They the gov were thinking of changing it like it is in the usa I read somewhere, where each house etc..is responsible for area out to the road and liable if not done I believe. Dont know what happened to that idea.

 

Sympathies for your mum by the way xx

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Im afraid that you will not be able to sue the council over this. They have certain statutory duties over gritting the roads and clearing the snow, but when it comes to footways it is impossible for Highways Authorities to take such action. For instance Kent County Council has around 5000 miles of footways, how long do you think that it would take for them to grit all of that. days / months / a year. It would certainly take so long that by the time they had completed it all of the snow and ice would have already melted.

 

In the winter the priority is always with keeping the road clear, after that they will concentrate on gritting footways outside schools and busy shopping areas. Also you will find at various locations Yelllow Grit bins on the footways available to the general public to use.

 

There have been some court cases over the years pertaining to snow and ice, and each time the councils have sucessfully defended. The biggest case which set the standard was East Sussex County Council -v- The Goodies, in which someone actually died.

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