# Gritting of paths



## swiggy (29 Nov 2010)

Hi

Can I ask are any managing agents gritting paths/roads in private developments in this current weather? What happens if a resident slips and hurts themselves, can they take an action against the management company? Or indeed if cars skid and cause damage?

thanks


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## wheeler (29 Nov 2010)

Not so far for our one.
But personally - I put salt on my steps and down the ramp into the car park. Why wait for the management company? They don't care if there are accidents. The owners are the ones that will pay out on higher insurance.


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## redfedora (29 Nov 2010)

would it not depend on if the paths etc have are under the control of the company? in our estate the roads and paths are controlled by the council and only the grass areas are under company control.


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## swiggy (29 Nov 2010)

thanks for all the replies.  We are a private gated development so everything inside the gates is controlled by the mgmt co.  I was just wondering if it was common practice for the paths and roads to be gritted (there is only one small road for cars to drive once they go through the gates).


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## purpeller (29 Nov 2010)

After the January snow, our agent got salt into stock for this winter.  Our road was gritted today but not over the weekend.


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## Sunny (30 Nov 2010)

You are unlikely to have a case just as you are unlikely to have a case if you slip on a foot path controlled by the Council. Not gritting paths is not proof of negligence.


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## tiger (30 Nov 2010)

Walking around town, some merchants seem to make an effort to clear the paths outside their own stores.  Pity there isn't more of this.


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## shesells (30 Nov 2010)

Our MA suggested we retain a gritting company after last year's nightmare...cobblelock and ice maketh an ice rink in the car park!

As we are in a cluster of developments the callout is about €200 for multiple clusters or €240 for an individual cluster. Car park, paths and external steps. They were in yesterday and it made a massive difference.

Our biggest problem at the moment is trying to stop people using water to de-ice their cars rather than a de-icer or car heater. It's re-freezing in the car park creating ice patches.


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## Sunny (30 Nov 2010)

tiger said:


> Walking around town, some merchants seem to make an effort to clear the paths outside their own stores. Pity there isn't more of this.


 
Wasn't there something last year about this where it was pointed out that if someone attempted to clear their paths outside their business/home and someone slipped, they could be held responsible but if they left the snow/ice, they couldn't be held responsible? I might be wrong and remembering this all wrong!


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## Complainer (30 Nov 2010)

Sunny said:


> Wasn't there something last year about this where it was pointed out that if someone attempted to clear their paths outside their business/home and someone slipped, they could be held responsible but if they left the snow/ice, they couldn't be held responsible? I might be wrong and remembering this all wrong!



I heard this too - something to do with the legal principle of feasance (or non-feasance?).

Same logic applies to fixing of potholes by local authorities - they aren't responsible for damage if they *haven't* attempted to fix the pothole


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## Leo (30 Nov 2010)

A local authority spokesperson was quoted on TodayFM earlier in the week saying that people would not be liable after clearing snow so long as they did not cause any significant other hazzard. So the potential is there to be liable if you do something!

This article might be worth reading.
Leo


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## tiger (30 Nov 2010)

Leo said:


> This article might be worth reading.
> Leo


 Interesting last paragraph


> In the City of Dublin a particular liability rests on owners and occupiers (including local and public authorities) adjoining public pavements to clear the pavement of snow immediately on the cessation of the snowfall. The liability was created by bye-laws of June1899. The bye-laws do not expressly create an entitlement to compensation for persons injured on such un-cleared pavements, but the courts have consistently interpreted such statutory obligations as creating and conferring such entitlement.


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