No legal liability on people who clean snow

HOMEOWNERS and business people who clear snow from in front of their premises “in a safe manner” have no legal liability in case…

HOMEOWNERS and business people who clear snow from in front of their premises “in a safe manner” have no legal liability in case of accidental falls, the attorney general has advised.

Taoiseach Brian Cowen told the Dáil the advice from the State’s legal adviser was “clear” and that “common sense prevails”.

He was responding to Fine Gael leader Enda Kenny, who said many people were confused about “the extent of their liability” if they “clean the footpaths in front of their premises or places of business”.

“All over the country, elderly people are trying to go about their little bits of business on footpaths that are exceptionally dangerous and very slippy,” Mr Kenny said.

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It was “important for the Government to spell out whether shopkeepers and householders who clean the footpaths in front of their premises are liable if somebody falls”.

Mr Cowen said: “The issue of liability does not arise for snow that is cleared in a safe manner. If a pavement is cleared in a manner that disposes of snow so as not to create any obstacle or hazard, there is no issue of liability. I think common sense prevails.”

He said an interagency co-ordination group, including the Ministers for Transport, Defence and Environment, had been meeting since the bad weather started.

There were “sufficient reserves of salt” with more than 80,000 tonnes in place, and a further 50,000 tonnes had been obtained by the National Roads Authority.

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times