Legal Opinion: 

The Chain of Evidence

To: Business Owners & Duty Holders

From: Senior Defence Counsel

Re: Minimum vs. Optimum Record Keeping for Winter Liability

In court, I often see business owners confused by the difference between doing the job and proving the job. You might have the cleanest car park in Newcastle, but if you cannot prove it on paper, you will lose.

Under the Occupiers’ Liability Act 1957, you are not required to guarantee safety (an impossible standard), but you are required to prove you took "reasonable steps" to ensure it.1

Here is the hierarchy of evidence I use to defend claims.

1. The Bare Minimum: "The Manual Defence"

This is the absolute baseline. If you do not have these records, do not expect to win a contested liability claim.

If you are managing this in-house (which I advise against), you must maintain a manual Winter Service Log. A "diary entry" saying "gritted car park" is insufficient.

Essential Data Points Required for Every Intervention:

• Date & Time: Start and finish times are crucial. (e.g., Did you grit at 7:00 AM before the staff arrived, or 9:30 AM after the claimant fell?)

• Operator Name: The specific individual who carried out the task.

• Weather Data Source: You must record why you decided to grit. "It felt cold" is not a legal defence. You need to log the specific forecast you checked (e.g., "Met Office App, 16:00 forecast for NE1 postcode").2

• Action Taken: "Spread salt" is too vague. Record the spread rate (e.g., "20g/m²") and the specific areas covered (e.g., "Main entrance, disable ramp, walkway A").

• Consumables Used: Log the bags of grit used. This proves you actually applied material and didn't just walk around with an empty shovel.

Counsel’s Warning: Manual records are easily attacked in cross-examination. A claimant’s barrister will ask: "Did you fill this in immediately, or at the end of the week from memory?" or "How do we know you didn't miss the icy patch in the corner?"

2. The Gold Standard: "The Automated Defence"

This is the level of record-keeping provided by professionals like Geko Grit. It shifts the burden of proof entirely and often stops a claim before it reaches court.

To minimise litigation risk to near zero, you need Auditable, Third-Party Evidence. This removes human error and "he said/she said" arguments.

The "Ironclad" Evidence Pack Includes:

A. Road Surface Temperature (RST) Triggers

Air temperature is misleading. The ground can freeze when the air is +2°C, or stay liquid at -1°C depending on salinity and residual heat.

• Best Practice: Your records should show that your gritting was triggered automatically by a site-specific Road Surface Temperature forecast, not a general TV weather report.3

B. GPS & Telematics Data

This is the single most powerful piece of evidence in my arsenal.

• The Record: A digital map overlay showing the gritting vehicle’s path, speed, and spreader activity.

• The Legal Effect: If a claimant says, "They never gritted the delivery bay," and I can produce a GPS map showing a vehicle actively spreading grit in that exact bay at 4:30 AM, the claim collapses.

C. Automated Service Reports

Records generated instantly by a computer system are harder to challenge than handwritten notes.

• The Record: An email or portal log sent to you immediately after the service, time-stamping the visit.

• The Legal Effect: It proves the record was created contemporaneously (at the time), not fabricated later to cover up an accident.

Legal Opinion: Protecting Your North East Business this Winter

To: Business Owners, Landlords, and Facilities Managers across the North East

From: Senior Defence Counsel, Specialising in Corporate Liability & Personal Injury

Re: Mitigating Liability for Winter Accidents

As a defence lawyer who has spent decades in courtrooms across Newcastle, Sunderland, and Durham, I have watched countless reputable businesses crumble under the weight of a single, preventable lawsuit.

Winter in the North East is unforgiving. But often, it is not the ice that destroys a business—it is the lack of a paper trail.

When a claimant slips on your premises, the burden of proof shifts rapidly. The court does not expect you to melt every snowflake the second it lands. Under the Occupiers’ Liability Act 1957, you are required to take steps that are "reasonably practicable" to ensure visitor safety.

This is where most businesses fail. They cannot prove they took those steps.

The Power of Auditable Records: Why I Endorse Geko-Grit

In a court of law, if it isn’t written down, it didn’t happen.

I frequently advise my clients to engage www.geko-grit.com because they provide the one thing I need to defend you: indisputable evidence.

When I stand before a judge to defend your business, I cannot rely on your word that "we gritted the car park." I need proof. Geko Grit provides robust, auditable records that demonstrate:

• Proactive Monitoring: Evidence that you monitored weather forecasts professionally, rather than guessing.

• Time-Stamped Action: Proof of exactly when your premises were treated.

• GPS Tracking: Data showing precisely where the grit was laid, leaving no room for a claimant to argue "my corner was missed."

This level of documentation shifts the narrative from "Negligent Business Owner" to "Responsible Operator." It is the difference between a quick dismissal of a claim and a payout that could bankrupt you.

The "DIY" Trap: Common Mistakes That Lead to Ruin

In my experience, business owners often try to save money by handling winter maintenance in-house. This is a false economy that creates severe legal vulnerabilities.

1. The "Dave with a Shovel" Strategy

Assigning an employee to "throw some salt down" is legally catastrophic.

• The Mistake: There is rarely a record of when they went out, what areas they covered, or if they used the correct spread rate.

• The Legal Consequence: Without a log, the claimant’s lawyer will argue the grit was applied after the accident or was insufficient. You have no evidence to rebut this.

2. Reactive vs. Proactive

Waiting for the ice to form before acting is negligence.

• The Mistake: Gritting at 9:00 AM after staff have arrived is too late. The duty of care applies from the moment the first person steps onto your property.

• The Legal Consequence: You failed to anticipate a foreseeable risk. Geko Grit operates on forecasts, treating the ground before the hazard forms.

3. Inconsistent Application

• The Mistake: Gritting the main path but ignoring the fire escape or the delivery bay.

• The Legal Consequence: A delivery driver slipping in a loading bay claims just as much compensation as a customer at the front door.

The Impact: 

How a Slip Can Ruin You "Faster Than the Ice Melts"

Many business owners believe their public liability insurance will simply "handle it." They are mistaken. The indirect costs of a legal battle often far exceed the insurance payout.

Impact Area

The Reality for Your Business

Financial Haemorrhage

The average slip claim can settle for £10,000 - £50,000+. If you are found negligent, you may also be liable for the claimant's legal fees (often double the damages) and your own legal costs if your insurer fights the claim and loses.

Uninsurable Future

Following a successful claim where negligence is proven, your insurance premiums will skyrocket. In some cases, insurers may refuse to renew your policy entirely, effectively closing your business.

Reputational Suicide

In close-knit North East communities, word travels fast. Being known as the "unsafe" business can drive away customers and reputable staff.

Criminal Prosecution

In severe cases, the Health and Safety Executive (HSE) can investigate. Fines for breaches of the Health & Safety at Work Act are now linked to your turnover, not your profit. A serious breach can lead to fines capable of wiping out your annual revenue.

My Professional Counsel

Do not gamble your business on the hope of a mild winter. The cost of a professional service like Geko-Grit is a fraction of the cost of a legal defence.

They provide the shield I need to protect you. By employing them, you are not just buying salt; you are buying a legal defence strategy.

Next Step: I strongly recommend you audit your current winter maintenance policy today. Does it have GPS tracking? Is it automated based on Met Office forecasts? If the answer is no, you are currently exposed. Contact www.geko-grit.com to secure your site before the first frost settles.