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Discussion Starter #1 (Edited)
I dont believe it......there, i've said it now i'll explain.
Today we went for a family meal to a restaurant we frequent on a regular basis, when we arrived the whole car park is a solid piece of polished ice, more suitable to a performance of Bolero than parking cars, anyway we slithered from our cars into the building and i asked politley about the dangerous state the carpark was in, to be told " we have been told not to clear or treat the ice in any way, as if we do we are then liable for any accidents, if we leave it as it is any accidents are regarded as a act of god" WTF :mad: surley that is a load of tosh, and they have been given bad advice, if not, the worlds gone mad Skratsh...mad i tell you slap1bang:tut::rolleyes:
 
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Discussion Starter #7 (Edited)
AFAIK that's true. We can't clear our carpark/paths for the same reason.

Utterly absurd and stupid.
Agreed, there were quite a few elderley people breakdancing their way across the car park, when you fall on ice you come down very hard and at their age a broken bone is very likley. My mum broke her hip in a fall a couple of years ago, 12 weeks in hospital inc rehab, dread to think of the cost to the NHS, never mind the pain & distress suffered, all for the lack of a bit of common sense :rant:


it's not their fault, it's the fault of slippery solicitors who make a tidy living from encouraging thick people to sue people
Ahmen brother....where there's blame, there's a slimey get waitng to make a fast buck :mad:
 

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a sad state of the blame claim culture we now live in where the economics have to rule the common sense! the worlds gone mad and i blame the Americans ... it is however saddle true that the act of god rule kicks in simply by doing nothing yet chuck some salt down of shovel a few bits clear and if someone has an accident its failing in your duty of care as the job were not good enough! of course I suspect the best option is to close the carpark but not too handy for geting punters in the restaurant!
 
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Discussion Starter #9
This has been the case in the UK
for years and can remember hearing
it as a kid at school.

The thinking goes:

If it look/is treacherous then it's up to you to take care.

If someone clears it then they owe you a duty of care
to do it 100% and you should reasonably expect it to be "safe".
So if you go over it'd be there fault.


Dunno how true this is, legally speaking, but as I said
it's been received wisdom for at least 30 years.
 

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Everything is the fault of the lawyers I say. I mean, they hold guns to peoples heads and FORCE people to make claims against their will don't they?

If you want to blame someone, if you must blame someone, then look no further than Mr Greedy Joe Public who thinks he is entitled to compensation for anything and everything.

People just like you?:)
 

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This has been the case in the UK
for years and can remember hearing
it as a kid at school.

The thinking goes:

If it look/is treacherous then it's up to you to take care.

If someone clears it then they owe you a duty of care
to do it 100% and you should reasonably expect it to be "safe".
So if you go over it'd be there fault.


Dunno how true this is, legally speaking, but as I said
it's been received wisdom for at least 30 years.

They owe a duty of care to the public because it'sa car park that customers are invited to use, it would be reasonable to assume that people will walk across the car park to get to the place of business. If they know the car park is dangerously slippery and someone breaks a hip or ankle after a slip I think they are still liable. That is what public liability insurance is for surely?
 

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They owe a duty of care to the public because it'sa car park that customers are invited to use, it would be reasonable to assume that people will walk across the car park to get to the place of business. If they know the car park is dangerously slippery and someone breaks a hip or ankle after a slip I think they are still liable. That is what public liability insurance is for surely?
No.

Just because you have a car park it does not mean that you are duty bound to ensure it is always safe. If you do nothing then it is up to people to to decide whether they want to risk it - the same as walking out of their own front door.

I do wonder though - if the council salt the roads and you still skid - are they liable?
 
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Discussion Starter #13
No.

Just because you have a car park it does not mean that you are duty bound to ensure it is always safe. If you do nothing then it is up to people to to decide whether they want to risk it - the same as walking out of their own front door.

I do wonder though - if the council salt the roads and you still skid - are they liable?
Probably not. They'll say it's your own fault for paying your council tax so they can buy grit and trucks to spread it. you are the mastermind of your own downfall.
 

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So following this logic to avoid being sued the local council should never grit or salt the roads when it's cold.
If you lived in Ipswich you'd think that was true.

However I was joking but making the point that I think it is an urban myth that if you do try to improve things and people then have accidents then you are automatically in the wrong - otherwise why would authorities salting roads be treated any differently?
 
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Discussion Starter #19
I'm a business owner and i salt the path and entrance to my shop..common sense plain and simple...if i get taken to court so be it...but at least i can put my head on my pillow at the end of the day, have a clear conscious and know i have'nt shafted anyone....
 

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I'm a business owner and i salt the path and entrance to my shop..common sense plain and simple...if i get taken to court so be it...but at least i can put my head on my pillow at the end of the day, have a clear conscious and know i have'nt shafted anyone....
We do the same on the approaches to our business premises but I guess a well constructed argument would make us culpable if someone fell over.

Duty of care, test of reasonableness ..all that stuff.
 
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