Slipping on Ice an 'Ordinary Incident of Everyday Life'

A recent case provides clarification on the extent of an employer's liability when an employee slips in icy weather conditions in the course of their work.

It involved a care worker who slipped and injured her wrist whilst struggling through ice and snow to visit a terminally ill patient.

The woman claimed that her fall would have been avoided had her employer issued her with suitable attachments, with extra grip, to be worn over her shoes. She sued her employer for alleged negligence and breaches of health and safety and personal protective equipment regulations and her claim was initially successful.

However, her compensation hopes have been dashed after the Scottish Court of Session ruled that her employer could not reasonably be blamed for the accident.

In allowing the employer's appeal, the Court noted that the woman had been trained in how to cope with icy conditions. She had been advised to take particular care whilst walking and to select suitable footwear. It had also not been established on the evidence that wearing attachments would have saved her from falling.

Noting that adults in Scotland could be expected to have experience of negotiating snow and ice, the Court found that the employer could not be expected to monitor the weather on a daily basis. Slipping on ice was one of 'the ordinary incidents of everyday life' and to find a breach of duty on the part of the woman's employer in the circumstances would not be fair, just and reasonable.