Precautions should be taken to stay safe, including investing in reflective clothing if you walk or exercise outdoors in winter months, cyclists should ensure they have appropriate lights on their bikes, and drivers should adjust their driving according to the road conditions, being mindful of the potential for black ice.
In this article, we’ll explain:
• Who may be liable for snow or ice-related incidents
• Who may be liable for road traffic collisions
• Who may be liable for accidents in public places and at work
• How much your claim could be worth
Who is liable for snow or ice-related incidents?
Accidents are inevitable despite precautions, ranging from minor bruising to more serious and potentially long-term injuries such as broken bones and head injuries. Many assume slipping in icy conditions is bad luck, but if negligence by a local authority, business or individual caused your fall, you may be entitled to compensation.
Who is liable for road traffic collisions caused by winter weather?
All road users must take extra care during winter months due to the increased risks. Causing an accident due to a failure to drive according to road conditions may result in a claim being made against you. For example, a motorist driving too fast on icy roads and hitting a pedestrian could be found at fault and either the motorist or their insurers may be liable to pay compensation. Local authorities may also face claims for failing to grit roads, though this may be more difficult to prove as the Roads (Scotland) Act 1984 imposes no absolute duty to grit all roads. Pedestrians must also take extra care in hazardous conditions and be aware that they may be less visible to other road users. Transport Scotland reported in 2024 that pedestrian casualties rose by 28% above the monthly average between November and February.
Who is liable for accidents in public places during winter?
Not all locations will be held to the same standard by the Court and whether a business or local authority are at fault will depend on the circumstances. For example, it will likely be easier to establish a business is at fault for causing a slip at the entrance to their shop, than it would be to establish the local authority are at fault for a fall due to an ungritted car park. Higher duties of care will be enforced by the court for accidents at bus and train stations, schools, hospitals and workplaces.
Who is liable for accidents at work in the winter?
Employers have a duty of care to minimise risks. If they fail to provide a safe environment, they may be found at fault. We have recovered substantial compensation for employees injured due to untreated icy conditions which have resulted in serious injuries.
How much will your claim be worth?
The value of your claim will depend on your injury. Our compensation calculator can give an indication. You may claim for pain and suffering, loss of earnings and medical expenses. Our previous blog on this subject sets out the various claims you may be entitled to make. Contact our personal injury team for expert advice and guidance.
