The Highways Act 1980 does place a duty on Highways Authorities to keep roads and pavements free from obstruction from ice and snow (as well as other obstructions) but the Authority can defend the claim if it can show that it did not have sufficient resources to do so.
The factors the court can consider in deciding whether the Highways Authority has met its duty are:
(a) the character of the highway to which the complaint relates, and the nature and amount of the traffic by which it is ordinarily used,
(b) the nature and extent of the obstruction, and
(c) the resources of manpower, vehicles and equipment for the time being available to the highway authority for work on highways and the extent to which those resources are being, or need to be, employed elsewhere by that authority on such work.
Claims arising from the recent bad weather are likely to be met with the lack of resources defence especially in the context of council cuts and austerity.
If you have suffered injury or loss as a result of the ice and snow you may have a claim and should contact Nick a senior solicitor on 01925 759 510.