Can I claim injury compensation for slipping on ice or snow?

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In winter we get many calls from clients who want to know if they can claim for slipping ice, commonly at work or while shopping. While they may have sustained nasty injuries – usually fractures to wrists and arms, or hip and pelvis injuries, does that mean they have a valid claim? This depends on the duty of care of the people or authority responsible for the area in which they fell.

It is often possible to claim personal injury compensation after a fall that wasn’t your fault and we have previously covered whether or not you may have a valid slip and trip accident claim for this. However, there is a big difference between suffering an injury as a result of negligent health and safety practices and being injured after falling due to ice or snow.

Adverse weather conditions are out of our control and present less of a foreseeable risk, hence it is harder to prove someone else is at fault for an accident. That being said, in certain circumstances there is a duty of care when it comes to ice and snow. and in some cases you may be eligible to claim.

Table of contents

When you can claim for slipping on ice at work

Employers are duty bound to provide a safe working environment and follow health and safety practices to prevent accidents at work. While icy weather can’t be prevented, employers do have responsibility to reduce the risk to workers from slipping on ice. If it can be proven they should have done more to stop such accidents happening, and you injure yourself as a result, we can help you to make a claim for a fall at work.

So what is your employer’s duty of care to prevent slips on ice at work? In the same way risk assessments are required to prevent other accidents, they should also be carried out for areas that are likely to become slippery during snowy or icy weather. This means assessing and preparing for such weather conditions, making changes to reduce risk and ensuring staff are aware of any dangers.

In some instances this may mean providing safety equipment to employees who have to work in icy conditions, but on the whole your workplace should reduce the risk of slips and falls on ice by:

  • Identifying and assessing the most used routes by staff
  • Clearing snow, gritting or salting ice in these areas within a reasonable timeframe
  • Warning staff where there is a danger of slipping on ice
  • Providing alternative, safer routes if possible
  • Allowing staff extra time to travel to and from work in extremely cold weather

If your employer hasn’t taken any action to avoid accidents in an icy workplace and neglected their legal duty of care, they can be held responsible for any injuries. If you’ve been injured after a slip and fall on ice at work and you think your employer has failed to protect your safety (with inadequate PPE, for example, or proper training for work in icy conditions) you may well be able to claim personal injury compensation. Make sure you understand your rights following a work injury, particularly if you’re still working and worried about your health.

When you can claim for slipping on ice in public

As with places of work, if you slip on ice in a public place you might be able to claim if it can be shown there was a likely risk of injury that could and should have been avoided. Such places are responsible for visitors’ safety under the Occupier’s Liability Act 1957.

For example, car parks and entrances to schools and hospitals should be cleared of snow and icy patches salted or gritted – or signage situated to warn of the hazards. Steps and platforms at bus and train stations are also subject to higher duties of care. The Health & Safety Executive outlines what should be done to protect the public from ice, frost and snow on its website.

Where there’s a risk of injury due to slipping on ice at the entrance to a shop, or supermarket, for example, the management has a responsibility to clear the ice in a reasonable time, erect a hazard sign to warn customers of a possible danger and ensure that the area is treated to prevent ice developing. If the business can be shown to have failed to take these steps, they could be held liable for injuries sustained should a customer slip and fall.

If you fall in any of these places because you slipped on ice, ensure that your accident is recorded in the accident book and seek medical attention. It is likely that we will be able to take such a claim forward for you.

Another scenario in which you could pursue a claim, albeit a more difficult task, is if you were injured in a road traffic accident on a major road and it could be proven that a local authority had failed to treat the highway in question when they should have done.

When you’re unlikely to win a claim for an accident due to ice

The same rules do not necessarily apply to all locations. For example, if you were to slip on ice in the car park of a supermarket, it is unlikely that you could hold them liable for your injuries. Whilst they would have a responsibility to ensure that the entrance area, trolley storage area and shop floor were free from hazards, it is doubtful that a court would agree they should have ensured the car park was also free from ice and fully gritted or salted.

The same applies to accidents on pavements. Local authorities have a responsibility to grit the roads and they do so in order of importance, with major routes like motorways and A-roads being prioritised over lesser roads. Pavements are generally left untreated as it isn’t really feasible to expect the local authority to have the manpower or equipment to treat all roads and pavements in winter weather.

Typically, should someone slip and fall on an icy footpath, it is highly unlikely that they would be able to prove sufficient liability against the local authority highways department responsible for the path. So in a nutshell, if you are walking on icy paths, take care – you are unlikely to be able to claim compensation for any injuries sustained.

How to prove your claim is valid

To prove a claim for slipping on ice you will usually need evidence and/or witnesses to back it up. Without evidence your slip happened, it’s unlikely you’ll be able to claim, so you’ll need to report the details of your accident to the right people.

Ideally, the accident should be recorded with the people responsible for the area in which it happened. Your employer and any location open to the public should have an accident book and a way of recording incidents. This provides evidence your injuries occurred on their patch.

In the case of a slip on an icy footpath, the matter should be reported to the Highways Department of the local authority.

If you fall in a shop or restaurant, it should be recorded in an accident book within the premises. If you can’t do that, take photos or send a letter reporting the incident to the management.

Medical evidence will also be used to value your injury claim, so it’s important to seek professional medical treatment for your injuries at the earliest opportunity.

If all this seems a bit complicated, or you haven’t done any of the above, don’t worry – if you  we can talk you through it and help you to complete the necessary steps.

Compensation amounts for injuries caused by slips on ice

How much compensation you can claim is calculated from the severity of the injury, your financial losses and the impact on your quality of life. For example, a wrist injury that has resulted in permanent pain and stiffness could amount to between £10,000 and £20,000. On top of that, a claim would include an amount that takes into consideration:

  • The pain and distress caused to you by the injuries sustained
  • Associated costs and losses
  • Lost earnings if you have been away from work as a result of the accident
  • Medical treatments, rehabilitation therapies and post accident care
  • Restrictions on your ability to fulfil your usual activities and social life
  • Miscellaneous expenses (bus fares, painkillers etc)

There are guidelines issued by the courts for solicitors, but it’s impossible to say exactly how much you can expect as all cases vary. The figures below are for the injury only, and exclude the extra considerations above, so the final settlement may be much higher.

Type of injuryCompensation amount
Neck injury£2,000 - £140,000
Minor brain or head injury£2,070 - £11,980
Finger injury£4,000 - £85,000
Wrist injury£3,310 - £44,690
Hip or pelvis injury£3,710 - £24,950
Fractured forearm£6,190 - £18,020
Permanent back injury£11,730 - £26,050
Serious shoulder injury£11,980 - £18,020
Ankle injury£12,900 - £46,980

Make a no win no fee claim

With a No Win No Fee agreement a claimant will pay nothing if their claim is unsuccessful, so you have nothing to lose and much to gain if you can make a successful claim. Only if you win compensation do you pay your solicitor’s success fee, which is usually around 25% of the total received.

If you are unsure whether or not you can claim personal injury compensation as a result of slipping on ice, the best thing to do is ask us. We’ll let you know whether or not we think you have a viable claim and if so, help you to win a settlement for your injuries, expenses and lost earnings.

You can call us on 01225 430285 or , and one of our expert team will be in touch. We’ll only need a few minutes of your time to let you know if you can make a claim. With over 28 years’ experience, you can use our knowledge and expertise to get your claim off to the best start. There is no charge for assessing your case.

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Comments & Questions

Read on for questions and advice about claiming, plus slip on ice claim examples...

Hi i slipped & fell on black ice in tesco car park. The car park had not been gritted/salted. I spoke to two tesco colleagues & went about my shopping. Later that day after a sleep i woke in agony, unable to move my arm. My husband took me to A&E. Thankfully nothing broken. Needed Pain meds & meds for swelling constantly. I have bruises all over my right side. On wednesday my sister took me to tesco to complete an accident form. They promised to call me to see how i was. Im 6 days in, in pain, unable to bathe myself, cannot go to work, unable to drive. Still taking medicines as i was.

Ian Morris

At this stage, as you slipped on ice, it is unclear as to whether the supermarket in question have been negligent (in terms of personal injury law). However, given that the location of your fall was within the premises of a business that had opened to ‘invite’ you and other customers in to their store, there are questions to ask of them regarding their gritting policy in icy weather.

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I’m a Hgv driver and I stopped at a petrol/services station for a coffee during my nightshift. As I was walking on the path I fell heavy on to my back on black ice on the footpath. At the time I just winded myself and went and reported it to the worker and was given free coffee tokens. As the hours went by I started to feel pain in my back and neck and phoned 111 when I got in from nightshift and was told to just take ibuprofen and pain killers and phone the gp if it’s worse. Iv not bothered phoning the gp as I think Iv just had a minor back and neck sprain and don’t want to burden them but I’m just wondering if I would be eligible for a claim or would I have needed to have a more major injury ? The area I fell was covered by cctv.

Ian Morris

We can’t be certain on any claim relating to injuries sustained when slipping on ice or snow. However, given the fact that your injury has happened at a privately owned business (service station), the prospects of being able to proceed are increased. In this case, we would like to speak with you to take a little more information. We would then be able to have our specialist Solicitors consider the specifics of your situation and advise with a view to potentially pursuing a claim for compensation.

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I drive a private hire vehicle and went to the operators yard to get some maintenance done on the vehicle I drive for them. Their yard was covered in thick ice and as I got out of the vehicle, I slipped and fell. As a result, I fractured the radial head in my elbow and the recovery time is likely to be 4-6 weeks during which I am unable to drive so have lost all my earnings as well. Can I make a claim?

Ian Morris

As you have slipped on ice on a business premises and not a random area of public footpath, there is certainly a valid reason for us to investigate your situation and potential to make a claim in more detail.

We would like to speak with you to get a little more information so that we can have our specialist Solicitors assess the specific details of your accident with a view to pursuing a claim for the injury and loss of income if it is deemed appropriate to do so.

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I have recently returned to work after a peroid of time off, upon entering my work yard i noticed there was still snow and ice on the sides of the roads leading into the boat yard where i work. i slowed right down and upon turning i hit a large piece of ice causing me to drop my motorcycle ontop of myself and damaging it quite alot along with brusing to my hip, groin, shoulder and knee..

my question is, since this is a private road/boat yard are the owners ( Being MDL marina) responsible for not gritting the roads or from what i could see even attempting to do so? my motorcycle has sustained a good £500+ worth of damage and thats only what i can see, my helmet is now needing replaced as that hit the floor significantly which is also another £450 aswell as damages to my motorcycle gear.

I would of thought being a private yard that they were responsible for atleast making the area safe for all buisnesses/staff whom work in the marina and the public that usually walk through from the bridle paths etc.

Ian Morris

Do you know whether the company that owns the area has previously gritted/salted the area in icy/snowy weather?

Chris

Yes they normally would grit the area or have done when its been icy in the last 6 or so years that ive worked there, as the roads, paths etc are always used. especially by them when using machinery to move the boats around up and down the roads.

They know there was either an issue with lack of gritting or becasue someone has told them about my accident ( i know a good 80% of the people who work in the yard so no doubt someone has said something ) because later that day they had put loads and loads of salt/grit down.

Ian Morris

Given the updated information, we do feel that this matter should be considered further by our specialist Solicitors.

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I was riding my bike in the morning and a stretch of pavement was covered in ice causing my bike to swerve and I ended up falling on my side. I hurt both my legs, my knee and shoulder, I did not seek medical attention as it was bruised and did not seem broken. It happened across the street from university next to a bus stop. Usually this road is gritted but in this specific morning it was not. Would that be a valid claim?

Ian Morris

Unfortunately, we do not believe that you would succeed with a claim given the circumstances of your accident.

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Slipped on council road on ice leaving work with cycle. 3 fractures in leg and knee, had operation, got knee rebuild, bone graft, metal pins, metal plate, and am left with disability. Would I be able to claim or not?

Ian Morris

It is unlikely (but not impossible) that you would be able to claim compensation in this circumstance. Much will depend on the exact location and whether the road in question is one the local authority would be expected to have gritted. Highways agencies have a duty to ensure that major route (Motorways, A-roads and bus routes etc) are gritted, but not the more minor roads, footpaths and industrial areas.

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I slipped coming out of the doorway at work on ice it had not been treated if I am off work will they have to pay me no signs up or anything I attended hospital and badly sprained my wrist and hand where it is now black and blue and in a lot of pain.

Ian Morris

Do you know if the employer usually grits or treats the surface in icy weather? As there were no signs up, it would be prudent to seek advice from one of our specialist Solicitors.

Please provide further details via the ‘start your claim‘ form so that we can get you the advice you need regarding your potential loss of wages and a potential claim for compensation.

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Hi Ian. My mother fell on Christmas Eve breaking her elbow. She fell getting off the tram going to work. The tram driver got off and said no wonder she’s fell here someone’s put salt down. So someone had put salt down on top of snow but it should go down before the snow. Has she got a claim? Thanks in advanced.

Ian Morris

Where did she fall? Was it on the public street? If so, how do we identify who placed the salt on the surface?

Kasey

It was on the actual tram stop, so it’s not a street. Usually I’m sure it’s the council that put salt down or may have been the metro maintenance team as they have cleaners who clean around the tram stops leaves, snow etc

Ian Morris

Given the nature of the accident site and location, it would be worth getting an opinion from our specialist Solicitors.

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I came off cycle on a cycle path this a primary route which should have been gritted, but wasn’t.

On Twitter it said that all primary roads and paths had been gritted in which we have an email confirming this, but now they are saying that even gritting the cycle paths is no good because of the wheel base. However you have to ride up a small hill so you are unable to see the path ahead.

Since this I have noticed the cycle route is getting gritted? This resulted in me fractured wrist and off work for 5 weeks.

Ian Morris

We would be happy to look in this for you and see if we can recover compensation for your injuries, lost income, damaged property and other losses. If the area is usually treated in freezing weather and was missed on this occasion, you have a valid right to make a claim for compensation.

Please email us a copy of the email you have and the twitter post to justice@direct2compensation.co.uk along with a brief description of the incident, the date it happened (and location) along with your contact number and we’ll be happy to help you.

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I fell on icy path on the bus stop getting of the bus which is just outside my work place(Hospital) and damaged my wrist.
Do you have a viable claim?

Ian Morris

Claims after slipping on ice are not always straight forward and in many cases, despite often painful injuries, it is not possible to make a claim. However, in your case the fact that the incident happened outside of a hospital, it may mean that you can make a claim as one may reasonably expect a bus stop in such a location to be a priority for gritting due to the potentially vulnerable people who may use such a stop to access vital Hospital services.

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I’m a milk delivery driver and whilst delivering milk to a customers home through the night I slipped on ice and have now done something to my knee. I am currently off sick from work till the swelling comes down. Can I make a claim? Can I claim loss of earnings?

Ian Morris

Where was the ice and snow that you slipped on? If it was on a public highway or footpath, the reality is that you probably can’t make a claim as there is simply no liability to attach.

If however, the slip happened within your work yard, a claim may proceed.

Joe

Thanks for your reply. I deliver dairy produce to customer home addresses through the night and this happened whilst out delivering.

Ian Morris

Unfortunately, I don’t think you’ll be able to make a claim. Ice is a naturally occurring phenomenon and presents risks that cannot be mitigated.

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I had a nasty slip on ice at doctors surgery. Their contractor there at the time warned and reported it but they failed to display signage or warn people. I didn’t seek medical advice at the time but broke my hip and have now had replacement. I’ve lost money at work as I’m only paid by the hour.

Ian Morris

The description of the accident indicates that you have a right to make a claim. The comment you refer to from the contractor in which they appear to have provided a warning that was ignored and no signage was erected could be helpful. Whilst this is anecdotal, it does indicate that the Surgery should have been aware of the risks and taken appropriate action.

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I slipped on my way into work last week, the main entrance had not been gritted which resulted in me slipping on ice. I am currently off work after having back and knee pain following this. I have been given diazepam for back spasms and I am currently taking regular otc pain killers.

Ian Morris

Do you know if the employer owns the land where you slipped? If so, do they usually grit/salt the surface in icy conditions? Alternatively, if the area is owned by a 3rd party, do they usually apply grit/salt when it is cold?

If there is usually a policy of treating the surfaces, but this was not done on the day in question, you are likely to have a valid claim for compensation. If however, the surfaces are never gritted or treated, it is less clear as to whether a claim could succeed.

It is certainly worth letting us look in to this matter for you in more detail. Our No Win No Fee service guarantees that you won’t pay any costs should we not be able to help or if we fail to succeed with a claim, so you can take this further without worrying about costs etc.

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I’ve been slipping today on the parking of my work place together with an other guy at the same time because of ice. I’m injured on my arm and knee, both cause a lot pain. Can I claim my employer for it because I know that a security guard mentioned to my employer that the surface is dangerously slippery and they anyway didn’t do anything to care about peoples safety.

Ian Morris

Does your employer usually apply grit/salt to the car park surface? If they usually do, but failed to do so on this day, you could make a claim against them for the injuries you have sustained.

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I slipped last week while walking along an icy pavement mid morning and broke my hip.
I’m a local in that area and I happen to know who owns the road. It’s a private road owned by a freehold limited company who employ a managing agent to maintain it. The road leads through a private housing estate to a commercial business which I was going to visit.

I contacted the managing agent to complain because there was no warning sign and no gritting had been done. They said that the freehold owner has a policy of no gritting and has instructed them not to carry out any gritting.

Can I make a compensation claim for my injuries, and if so who do I claim against? Is it the management company or the freeholder or the commercial business at the end of the road?

Ian Morris

You can make a claim, but the prospects of succeeding – or finding a Solicitor willing to pursue such a claim on a No Win No Fee basis is very slim.

There is no legal duty of care for a landowner to apply grit/salt in freezing weather – or erect warning signs as the risks posed are a naturally occurring phenomenon.

Reply

My partner slipped on ice on his way to work on the retail park that his workplace is located on. He was about 30 seconds away from his workplace. He told his manager when getting to work that he just slipped and is in a lot of pain. She didn’t record it in the accident book and made him work. He’s now in a brace and getting a sick note from doctor as his manager wants him back to work (he sent her an image of the brace).

There should be CCTV of the incident in the retail park and A and E notes. I would like to know if it would be the landlords responsibility who owns the retail park, to ensure the pavements are gritted.

It was icy yesterday and today there was snow in the morning, so surely they should have gritted or else thats negligence. Also not happy with the way his manager is dealing with it. The retail park also gets locked overnight so no one can get in or out.

Ian Morris

If the site is usually gritted – or if there is a policy of gritting the site – but it was not done on the day in question, a claim can be made.

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I was staying in a hotel, and the path outside the front door became frozen overnight, I slipped on the ice, even though the receptionist told me to be careful. I came back in and said I had just fallen on the ice and that salt should be put down. The hotel went out and immediately put salt down. There were no witnesses and i didn’t take any photographs, could this be a problem?

Ian Morris

If this happened recently, you should make sure that the hotel reception makes a written record of the incident within their accident book (if they didn’t record it at the time). You should make mention to the hotel (in writing) of the issue and the fact that they didn’t put any salt/grit down until AFTER your fall.

In terms of the lack of witnesses or photographs, that is not an issue. In terms of liability, it would seem that it is valid to pursue a claim in this matter as the hotel had salt/grit and the receptionist appeared to know that the path was slippery, so their failure to use the salt/grit before you fell can be seen as negligent. Please call us on 01225430285 so that we can speak with you to ensure that your injuries are sufficiently serious enough to warrant a claim.

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I had a fell at my work place in the car park when I slipped in icy weather. This was in December 2017. My colleague took me to A&E and an X-ray showed that I had fractured my left elbow. I had an operation on 14 December 2017.

Now I am still suffering from the injury. I wish to claim compensation for my injury if this is still possible.

Ian Morris

You are still within 3 years of the date of the accident so you may still be able to make a claim.

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I was just recently put on leave of absence when through seeing my Doctor, I was put on light duties due to an injury I sustained when loading a box on to a delivery truck and I slipped on ice and injured my knee. For 3 weeks, I was on light duties and I don’t understand why all of a sudden this happened? I don’t know if I’m going to get paid due to being out on leave, rather than ordered by a Doctor?

Ian Morris

UK law does not require employers to pay full salaries to those staff unable to work through injury or ill health – even if the injury or health issue that is preventing them from working is a work related issue. Indeed, whether or not you receive pay is down to your employer and the contractual agreement that you have with them.

The only way to recover lost wages is by pursuing a claim for personal injury compensation and succeeding with it. If you were to succeed with a claim for the knee injury, you would be able to recover compensation for the injury sustained (for the pain, discomfort and impact on your life) and also to recover any lost income or incurred costs caused by the injury.

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I slipped outside a supermarket, on the zebra crossing leading to their store. It was icy and had not been gritted, would this be worthy of a claim?

Ian Morris

If the crossing was part of a public (council owned) highway, it is unlikely that you would succeed with a claim for compensation. However, if the crossing was owned by the supermarket (within their property), it may be possible to make a claim for compensation.

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