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To clear or not to clear


 
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inishindie
Rank attained: Tree plantation keeper


Joined: 27 May 2007
Posts: 563
Location: inishowen Ireland

PostPosted: Sat Jan 23, 2010 1:24 pm    Post subject: To clear or not to clear Reply with quote

Hi
Over in the UK there is ( or was , I am a bit out of touch) a bye law stating that if a retailer of house owner/occupier cleared snow or ice from the front of their premises, they were liable for prosecution of someone injured themselves if they fell over. If , on the other hand, they just leave it then it was the councils responsibility if an accident occurred due to refreezing etc.

Here in Ireland I have heard that if you DON'T go out and clean the pavement of snow and ice then the householder, retailer are then liable if an accident occurs.

Does anyone have a legal brain and know the answer to this?

Cheers



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paul5000
Rank attained: Hawthorn Tree
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Joined: 18 Jan 2010
Posts: 94
Location: Westmeath/Longford Border

PostPosted: Sat Jan 23, 2010 4:13 pm    Post subject: Reply with quote

I know in America your responsible for the footpath outside your house and if some mug slips they can sue. Dose not work the way in Ireland. Footpaths here are the councils responsibility.
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cooler
Rank attained: Sessile Oak Tree
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Joined: 15 Jun 2006
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PostPosted: Sat Jan 23, 2010 4:59 pm    Post subject: Reply with quote

Not the responsibility of the homeowner folks. Although John Gormally of the greens would have you think otherwise. You clear it, someone slips and sues you, then Gormley will go into hiding.

Here is a recent snapshot from the greens website. I thought the misspelling of horticulture quite fitting seeing as that is what they have become. Still uncorrected at time of my posting.



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inishindie
Rank attained: Tree plantation keeper


Joined: 27 May 2007
Posts: 563
Location: inishowen Ireland

PostPosted: Sat Jan 23, 2010 9:28 pm    Post subject: Reply with quote

cooler wrote:
Although John Gormally of the greens would have you think otherwise.


You might like to rethink the comments about spelling.......no one's perfect...he he....

Anyone got any hard facts.?......I heard in passing on the radio that there were bye laws in place about clearing pavements and responsibilities lie with the owners...Can't find anything on the web...Might phone the council on Monday

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walltoall
Rank attained: Orchard owner


Joined: 25 Aug 2008
Posts: 705
Location: Thurrock RM15 via Dungarvan and the Banner County

PostPosted: Sun Jan 24, 2010 12:29 am    Post subject: any good litigation going down with the snow Reply with quote

Yeah! The correct spelling is G O R M L E S S . But you're right about the law in England at least according to my very knowledgeable English neighbour. But it's not because you 'own' the space you clear. It's because your actions were deemed to contribute to the distress of the sueer? sewer? suier?.

In Eireann go brĂ¡ch you would just tell him to psis off and sue the council.

By the way you can't be done by a speed camera over here while snow covers the road markers. So what you might lose on the swings you might gain on the roundabouts. Having being sued for someone slipping and sliding outside you house does not means you should balance things by flying past the camera at 50. "Two rights never made a wrong" or words to that effect.

PS: unless I'm mistaken 'horiculture' is the habit of cultivating timepieces.

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