With cancellation of rail services, schools and other essential services, it’s clear that the severe weather due to arrive is already causing substantial disruption in Scotland. As weather warnings become a more regular occurrence with climate changes, it important to understand how this can give rise to accidents and injuries.
Personal injury solicitors see a range of claims and injuries arising from more extreme forms of weather. Common personal injury claims include:
- Slips on icy pavements or on wet floors: Injuries can range from minor soft tissue injuries to more serious fractures. Commonly claims are pursued against a local authority who owe members of the public a duty of care to maintain public roads and footpaths in a safe condition. The local authority ought to have a system in place to respond to periods of severe weather. A failure to adhere to such a system of gritting or clearing of snow which then gives rise to an injury may result in a successful claim for damages against them. Likewise, the occupier of a premises who fails to respond within a reasonable timescale to a hazard when they knew or ought to have known of the danger may face a successful, expensive claim by an injured person.
- Road traffic accidents: Icy roads, flooding and poor visibility due to severe weather can increase the risk of road traffic accidents. Drivers have a duty to take reasonable care for the safety of other road users whether travelling in vehicles or as pedestrians. Drivers must take reasonable care by adapting their driving to suit the prevailing weather conditions.
- Workplace accidents: Employers also have a duty to ensure the safety of their employees, including assessing the risks posed to workers by the severe weather conditions and to take steps to protect them. For those working outdoors and for employees such as delivery drivers requiring to drive on icy or flooded roads the risk can increase significantly. The actions taken may include adjusting working hours, providing adequate clothing and equipment, or even halting work entirely in hazardous conditions. If the employer fails to assess the risk and to respond appropriately and injury occurs as a result then they may face claim for damages.
- Flooding: flooding is common during severe weather and injuries may arise as a result of water damage to property or the collapse of a building or other structure. These kind of cases may involve local authorities, landowners, or private companies responsible for flood prevention who have failed to assess and respond to the flooding risks despite having prior knowledge of weather warnings or hazardous conditions
During this period of severe weather, it is of course important to take care for your own safety.
If the worst happens however and you have been injured it is important to seek medical help. Once you have sought appropriate medical care, it can be helpful for your solicitor to take photos of the accident scene, your injuries, and to document any weather conditions. You should also report the incident report it to the relevant authorities or to your employer if you are injured at work.
If you have been injured then our expert personal injury solicitor are here to help. They will consider all of the information and available evidence to determine whether you have a valid case and guide you through the claims process. It is also important to seek advice as soon as possible due to strict time limits in Scotland for progressing a claim for damages.
If you are involved in an accident and suffer an injury, Thorntons can help with legal advice and no win, no fee personal injury claims. Speak to our specialist team on 0800 731 8434.
