There is a common misconception that if you are injured as a result of the weather conditions then this is an ‘Act of God’ and you are unable to pursue a claim for damages. This is not always the case. People are legally required to ensure that items on their property are secured, especially when bad weather conditions are expected.
If a Defendant is able to show that they took reasonable steps to secure items on their property, then they are likely to have a Defence to any action brought against them.
However, if they cannot show that they have taken any, or any reasonable steps to do so then a claim is possible.
The most common types of accidents that happen during bad weather conditions are:
- Being hit by flying debris during windy weather
- Vehicles being hit by trees/branches/debris during weather
- Working when the weather conditions are unsuitable
The main occurrence, especially in windy conditions such as those we have recently experienced is flying debris. How often do you hear of a trampoline being found several gardens down from where it belongs, masonry and signage being blown off buildings or trees/branches laying across roads.
Working in storm conditions
Additionally, if you are made to work in unsafe conditions and you suffer an accident as a result then there is also a potential for a claim for damages. An employer has to ensure your safety at work as far as is reasonably practicable. For example, you should not be made to climb a ladder outdoors if there are high winds.
Any job that you are required to do has to be risk assessed. It is likely that the risk assessment will consider what you do on a day-to-day basis and may not factor in the rare events of extreme weather. Your employer will have to show that they have undertaken a risk assessment to include the extreme weather and that the risk assessment is fair and reasonable.
Whilst a claim for personal injury that occurred as a result of bad weather can be difficult, it is not impossible. We would recommend that you contact our legal experts as soon as possible to discuss your options.
If you have suffered an accident and would like some advice, please call our expert team of lawyers on 0114 218 4000 or email info@tayloremmet.co.uk.
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