Title: Ice causes motorcycle accident

Date: 08 February 2012

Question

On 2 December 2011 I had an accident when my bike lost control on ice in a supermarket car park. Two members of staff had gritted most of the car park but say they ran out and went back to the store room to get more. They left the virtual ice rink (1/4 inch thick) alone with no warnings. I am now out of pocket to the tune of £800 but their insurers refuse to pay saying they took all reasonable precautions. What can I do?

Ronnie Leyton, Bucks

Answer

I think you have a good case and should pursue it. Had the accident happened on the public highway things can get tricky for various reasons including public policy arguments (this is not to say you cannot claim but you will need expert advice in these circumstances). However on private land things are easier. I assume they are not arguing causation (i.e. that they accept the ice caused the accident).

They were clearly aware of the hazard presented by the ice as they were in the process of dealing with it. They had nearly completed the work but their negligent error in my view was for both members of staff to leave the remaining ice with no warnings or without blocking that section off. That clearly presented a reasonable foreseeable risk of injury. One of them could have stayed put, warning of the danger until the other member of staff returned with the grit or they could have taken steps to block off the dangerous area until it was dealt with.

I would obtain a copy of their accident report book and pursue the claim through the small claims court (see www.moneyclaim.gov.uk).

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