Winter weather - Clearing of paths and pavements by the public

22nd December 2010

As Scotland's communities continue to face challenging, and in some cases, unprecedented winter conditions, I wanted to write and clarify an important legal issue in relation to the clearing of snow and ice by individuals and private businesses.

Communities and individuals are looking to play their own part in beating the cold weather, and it's important that they can do this with confidence. It would be particularly unhelpful if there were to be a misunderstanding about whether they might be legally liable for potential accidents if they clear paths and pavements around their houses and businesses.

Being a good neighbour and clearing paths of ice and snow is the kind of practical step that many of us can take during spells of cold weather.

The legal position is that there is no law preventing people from clearing snow and ice on the pavement outside or on paths to their house, business or any other building they are responsible for.

Provided you are careful, use common sense and don't do anything which would be likely to cause harm or distress to others, it is highly unlikely that they will be found responsible for any accidents. Indeed, it is equally important that users of areas affected by snow and ice also take personal responsibility for their own safety.

The Scottish Government's website, Ready Winter, provides clear advice on the best way to clear paths and drives at:
http://www.scotland.gov.uk/Topics/Justice/public-safety/ready-scotland/W
inter/help/pathsanddriveways