PARISH councillors in Middleton-in-Teesdale have voted against gritting icy pavements in their village over fears of being sued.
Middleton-in-Teesdale and Newbiggin Parish Council considered salting footpaths after at least three elderly people slipped while walking following recent wintry weather.
Cllr Andy Mitchell proposed that the person paid by the parish council to do litter picking also be asked to carry out gritting when it snows.
He told councillors last week: “I think we may very well be missing a trick here.
“There were three elderly people who actually fell over in Middleton – if all of those had ended up with broken hips, broken whatever, the cost to the NHS could have been huge. Hude is like a skating rink coming down the path. If we could help, would it not be wise to do it?”
However, Cllr Kevin Tallentire cited advice from the council’s insurer when he argued against providing the service.
He said: “If we do take responsibility, we have to log it and check it, and it is quite a hassle. I think we are setting ourselves up to be negligent if we don’t salt when it is required to be salted.”
He was supported by Cllr John Miller who added: “I think the comments made by the insurer were that it puts far too much onus on the parish council to police it properly.
“I fully understand how difficult it is for elderly people to get around on such surfaces. I mean, it is not even clever for younger people to do it, but I think it is a risk too far for the council.”
Cllr Christine Gilbert suggested that gritting be done on an ad hoc basis as a goodwill gesture but parish clerk Judith Mashiter said the council’s insurers had advised it is best not to have any gritting policy. She said: “If you have a policy of gritting and then, for whatever reason, either you got the weather forecast wrong or the person who was supposed to be spreading is ill or forgot, or you ran out of grit, or you didn’t grit sufficiently – because you say you will grit, even if it is ad hoc, then you will be liable if someone makes a claim.”
She added that if the village litter picker was asked to do the work, he would have to be provided with public liability insurance and equipment.
Cllr Mitchell remained adamant that gritting should be done and said he has never had trouble when he salts the area in front of his home and his shop. He added: “I’ll be very surprised if anyone takes me to court over it. You are just trying to do a job to help people. I just think it is a great shame that through fear of litigation we are going to forfeit the health and safety of the residents of the village.”
Council chairman Cllr Ian Cartwright replied: “Someone may have more faith in human nature than me, but someone will decide if they slip they will sue, and then it is going to come down on the council.”
The council voted five to four against asking the village litter picker to add footpath salting to his duties.
However, the did council agree to ask Durham County Council to provide three additional salt bins for the village.
