Liability for/Responsibilities of Residents’ Management Companies (RMC) and Property Managers for accumulation of ice/snow on their Properties.

• First port of call – what does the contractual documentation say about where the responsibilities lie? If you have a Property Manager is their agreement explicit regarding duties to grit or clear snow that will take precedence.

• If the land is adopted by the highways authority and there is no specific agreement, the duty rests with the highways authority.

• Where land is not adopted but privately owned, the responsibility for taking reasonable steps to ensure the health and safety of visitors to the property lies with the RMC or Property Manager.

The legal position is straightforward;

Section 2 (2) of the Occupiers Liability Act 1957 applies;

"The common duty of care is a duty to take such care as in all the circumstances of the case it is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there".

In other words, reasonable steps will have to be taken to ensure that visitors do not slip
and injure themselves as a result of the accumulation of snow/ice on the premises.

The extent of this duty will be a matter of fact and degree depending on the type of property concerned, but in general terms, the type of considerations that RMC’s and Property Managers should bear in mind and which will be factors that Court will take into account if a visitor is injured as a result of a fall on snow/ice and a personal injury claim is brought are as follows;

1. Was there an advance assessment of premises?

Sites need to be surveyed ahead of time to identify and agree with operators which areas need to be gritted and how this should be done. This will help to ensure that the right equipment is provided and used. Large areas like car parks may require gritting vehicles whereas smaller areas may require manual spreaders and shovels. Different areas should be prioritised according to eg extent of common use and the reason for prioritising should be recorded.

2. Resource the task appropriately.

Winter gritting can be time-consuming so ensure that sufficient staff are allocated to the task. Time may need to be set aside for training or property managers may need to set aside resources for external contractors. Using undertrained staff who fail to do the job properly can lead to litigation risks if a visitor is injured and subsequently brings a claim. The training of staff (if task is carried out internally) will ensure that right volume of salt is used and that the coverage is uniform throughout all relevant areas.

3. Grit according to conditions

Monitoring weather conditions will make it possible to actively manage how much material to spread and when.

4. Check the Insurance status of contractors

If the task is outsourced, the insurance status of the service provider should be checked. If they are uninsured, this is a factor that the Courts will take into account when considering whether Property Managers have discharged their duty of care to visitors by outsourcing the work to a particular service provider.

5. Make sure that all work carried out is documented

When dealing with extreme weather conditions, there are obviously risks that accidents will still happen even if everything that could reasonably have been done has been done. In this scenario, it is essential that a detailed record of what action has been taken is documented thoroughly as if a claim for personal injury is brought, it will be necessary to prove to a Court that all reasonable steps were taken.