Calls to make Limerick homeowners responsible for clearing icy paths 'not justified'

CLARITY is being sought as to whether homeowners or the local authority are responsible in the event of accidents or serious falls' on paths outside private homes.

The issue arose at a meeting of the Travel & Transportation Strategic Policy Committee during which the council said a proposed bye-law seeking to make locals responsible for the footpaths adjacent their properties could not be justified.

During the meeting, Fine Gael councillor Stephen Keary called on the local authority to “consider drafting a new bye-law for the city and county that would make all property owners responsible for footpaths adjacent to their premises.”

Cllr Keary said it is “not a major challenge for people with a premises on the side of the street to clear a pathway, free of ice and snow during the winter.”

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A written response, circulated to members, said a new bye-law could not impose legal obligations or liability on local residents and therefore “no such bye-law could be justified.”

Social Democrats councillor Elisa O'Donovan expressed confusion at the reply, asking: “If someone falls on a footpath in cold weather, who is liable?”

She highlighted two cases where people suffered serious falls on footpaths resulting in “broken bones” and questioned whether the council could be held responsible if it had taken an area in charge but failed to provide salt.

Hugh McGrath, senior engineer and head of Travel and Transport Strategy, replied that “just because we don’t provide the salt, does not mean the council is liable.”

He explained that the council’s “obligation is within the limit of our resources”.

He agreed with Cllr Keary, saying he doesn’t see “why property owners wouldn’t clear” footpaths adding he is “fairly sure” residents assume no legal liability in doing so.

Mr McGrath also noted that “even if the council had all the money and resources, we wouldn’t be able to get to everywhere in time” due to the time-sensitive nature of weather events.

He added that “reasonable people will take reasonable measures” and that the council “cannot put legal obligations on property owners to clear footpaths.”