Can I Make a Claim for Compensation if I Slipped on an Icy Pavement?
Slipping on ice or snow can result in painful injuries and disruption to your everyday life. These accidents become more common during the autumn and winter season, when cold weather spells cause ice to build up on paths and pavements.
If you slipped on icy pavement because the person or organisation responsible did not take reasonable steps to address a foreseeable hazard, you could have grounds to make a compensation claim. The outcome will depend on where the accident occurred, who controlled the area and what safety measures were in place.
Read our guide to find out more about when you can make a slipping on ice claim for an accident involving icy surfaces.
Can You Claim if You Slip on Ice?
You could claim compensation if another party was responsible for the pavement and did not take reasonable steps to manage a foreseeable slip risk caused by ice or snow.
The responsible party could be a local council, property owner, business or employer. To make a successful claim, you will need to show that they were negligent and that this caused your fall and injuries.
The presence of ice does not automatically mean that someone is liable. The law does not expect every path to remain completely free from ice at all times. What matters is whether the responsible party took appropriate and reasonably practicable measures in the circumstances.
Speaking to a solicitor is the clearest way to assess whether you have grounds to claim.
Why Do Slips and Falls Increase During Winter?
Slip and trip accidents increase during the autumn and winter season for several reasons. There is less daylight, leaves fall onto paths and cold weather spells allow ice and snow to accumulate.
Common winter hazards include:
- Black ice that is difficult to see
- Compacted snow that freezes
- Untreated paths and entrances
- Wet and decaying leaves
- Poorly lit walkways
- Water that freezes after running across a pavement
- Shaded areas where existing ice takes longer to melt
These conditions create slip risks on public pavements, workplace paths, building entrances and car parks. They can occur anywhere during winter weather. You should seek legal advice if you are injured and believe someone else was responsible.
What Injuries Can Result From a Fall on Ice?
A sudden slip can cause someone to fall heavily or twist awkwardly. The injuries sustained will depend on how the accident happened and which part of the body took the impact.
Common injuries include:
- Broken bones and fractures
- Wrist, arm and shoulder injuries
- Ankle and knee injuries
- Back injuries
- Hip and pelvic injuries
- Head and brain injuries
- Cuts and bruising
You should seek medical attention after a significant fall. A doctor or another medical professional can assess your health, identify the extent of your injuries and recommend suitable treatment.
Some symptoms do not become clear immediately. The NHS guidance on head injuries explains when urgent medical help is needed after someone has hit their head, because otherwise this kind of injury can develop into something much more serious.
Who Is Responsible for an Icy Pavement?
Responsibility depends on who controls or maintains the location where the accident occurred. This could be a council, business, employer or private property owner.
Local councils and highway authorities
Local councils are responsible for many publicly maintained pavements and highways.
Under section 41 of the Highways Act 1980, a highway authority must ensure, so far as reasonably practicable, that safe passage along a highway is not endangered by snow or ice. The provision applies in England and Wales.
This does not mean that a council must grit every pavement whenever winter conditions are forecast. When assessing liability, relevant questions include:
- Was the pavement maintained at public expense?
- Was ice or snow forecast?
- Did the council have a winter maintenance policy?
- Was the location included on a priority gritting route?
- Had the hazard previously been reported?
- Did the council follow its inspection and gritting procedures?
A council could be responsible if it failed to take reasonably practicable measures in response to a foreseeable risk.
Businesses and property owners
The person or organisation responsible for private premises is often known as the occupier. An occupier is usually the party with enough control over the premises to take steps to keep visitors safe. This could be a business, landlord, managing agent or other property owner.
Under the Occupiers’ Liability Act 1957, an occupier owes lawful visitors a common duty of care. They must take such care as is reasonable in the circumstances to ensure that visitors are reasonably safe while using the premises for an authorised purpose.
This duty can apply to external areas such as:
- Building entrances
- Private paths and walkways
- Steps and ramps
- Shop forecourts
- Privately controlled car parks
An occupier is not expected to guarantee that every surface remains free from ice or snow at all times. The question is whether they took reasonable steps to identify and manage a foreseeable slip risk.
Appropriate measures could include:
- Monitoring weather forecasts and temperatures
- Identifying areas where ice commonly forms
- Using salt or grit before frost develops
- Removing fresh snow before it becomes compacted
- Diverting visitors towards treated paths
- Restricting access to unsafe areas
- Providing effective warning signs
The Health and Safety Executive’s guidance on icy conditions advises those responsible for premises to focus on areas such as entrances, car parks, pedestrian walkways, slopes and places that remain shaded or wet. It also recommends gritting when frost, ice or snow is forecast.
A warning sign will not automatically protect an occupier from liability. Under the Occupiers’ Liability Act 1957, a warning must be sufficient to make the visitor reasonably safe in the circumstances. A sign may therefore need to be used alongside gritting, barriers or an alternative route.
A property owner or business could be subject to an occupiers' liability claim for an accident if it knew, or should reasonably have known, that icy conditions created a danger and did not take suitable measures to address it.
Employers
Employers have responsibilities for the safety of people at work. This can extend to external walkways, entrances and staff car parks controlled by the employer.
An employer should assess the slip risk created by icy conditions and introduce suitable measures. These could include gritting paths, closing unsafe routes and directing workers towards treated areas.
If you sustained a slip or trip injury in the workplace, visit our accidents at work page.
When Might Someone Be Liable for a Fall on Ice?
A compensation claim could be possible where the responsible party knew, or should reasonably have known, about the danger but did not respond appropriately.
Examples could include situations where they:
- Failed to follow an established winter weather policy
- Did not grit an area despite a clear forecast of freezing temperatures
- Allowed a known patch of ice to remain untreated
- Failed to respond to earlier reports
- Left a regularly used path unsafe
- Did not restrict access or provide a safer route
- Used warning signs that did not adequately protect pedestrians
Every incident must be assessed individually. A sudden freeze can present different questions from icy conditions that were forecast and remained untreated for a significant period.
What Evidence Is Needed for an Icy Pavement Claim?
Ice can melt quickly. It is therefore helpful to gather evidence as soon as you safely can.
Relevant evidence may include:
- Photographs or videos of the ice and surrounding area
- The exact location, date and time of the accident
- Photographs showing whether warning signs were present
- Weather records for the hours before the fall
- Contact details for anyone who witnessed the incident
- Witness statements
- A report made to the council, employer or property owner
- An entry in an accident book
- Medical records showing the injuries sustained
- Receipts for medical expenses, travel and other costs
- Records of any lost earnings
Do not be concerned if you could not collect everything at the scene. JMW’s specialist solicitors can seek further evidence. This may include CCTV footage, gritting records, inspection documents, maintenance logs and winter safety policies.
Read more about evidence used in a personal injury claim.
What Should You Do After Slipping on Ice?
Take the following steps where possible:
- Move away from further danger and ensure safety.
- Seek medical attention for your injuries.
- Photograph the ice or snow before it melts or is cleared.
- Report the accident to the responsible party.
- Ask witnesses for their contact details.
- Keep records of treatment, expenses and time away from work.
- Contact a personal injury solicitor for advice.
Reporting the fall creates a record of the incident. It can also alert the council, employer or property owner so that they can protect other road users and pedestrians from the same hazard.
How Much Compensation Could You Claim?
There is no standard amount of compensation for a fall on ice. The value of a claim depends on the extent of the injuries and their effect on your life.
Compensation can take account of:
- Pain and loss of amenity caused by the injuries
- Recovery time and any continuing symptoms
- Treatment and rehabilitation needs
- Loss of earnings
- Medical expenses
- Travel costs
- Care and support
- Other losses caused by the accident
JMW will assess the complete effect of your injuries before calculating your claim. You can also use our personal injury compensation calculator for general guidance on compensation for different injuries.
Is There a Time Limit for Making a Claim?
You have three years to make a personal injury claim for slipping on ice in England and Wales, starting from the date of the accident, or from the date you became aware that the accident was the cause of the injuries you sustained.
Different rules apply when the injured person was under 18 at the time of the fall or lacks the mental capacity to manage a claim. It is best to seek legal advice promptly so that evidence can be preserved.
Read our guide to the personal injury claim time limit for more information.
What Is the Process for Making a Compensation Claim?
JMW will begin by discussing the accident and assessing who was responsible. If we can help, the process will generally involve:
- Gathering evidence about the location and icy conditions
- Contacting the responsible party
- Obtaining medical evidence about your injuries
- Assessing the full impact of the accident
- Calculating the compensation you should receive
- Negotiating with the responsible party or their insurer
We will explain each stage clearly and keep you updated throughout your claim. Our team can also arrange early rehabilitation and support where this is needed.
Our guide to the lifecycle of a personal injury claim provides a broader overview of the process.
How JMW Can Help After a Fall on Ice
JMW’s personal injury solicitors have experience investigating accidents caused by ice or snow. We will identify the responsible party and obtain the evidence needed to build your case.
Our team can:
- Examine council or property maintenance records
- Obtain gritting and inspection documents
- Seek CCTV footage and witness statements
- Arrange independent medical evidence
- Assess your treatment and rehabilitation needs
- Calculate the full compensation you should receive
- Handle communication and negotiations on your behalf
We may be able to represent you through a no win, no fee agreement. This means that you will not pay our legal fees if your claim is unsuccessful, subject to the terms of the agreement.
Find out more about making a claim after slipping on ice, or visit our general page about slip and trip claims.
Talk to JMW
If you have been injured in a fall on an icy pavement, speak to JMW’s personal injury solicitors about your circumstances.
Call us on 0345 872 6666 or complete our online enquiry form. We will assess what happened and explain whether you could make a claim for compensation.
