Q. Some years ago, the council encouraged a system where residents in my estate collected fallen leaves along the road, put them in plastic bags and the council would come and collect them \u2013 a win-win for both sides. <\/p>\n
However, some residents have continued to leave bags out, long after the last leaf is collected … but this time, full of grass or hedge cuttings from their own homes. <\/p>\n
Apart from being unsightly, the bags are left for months before being collected and partly block the footpath outside my home. <\/p>\n
If someone trips, falls and injures themselves, am I responsible? <\/p>\n
A: Councils collect tonnes of fallen leaves from city streets each autumn. In some areas, residents\u2019 groups and associations are invited to get involved. With prior agreement, councils provide bags and equipment to these groups, removing the bagged leaves free of charge.<\/p>\n
It\u2019s wise to clear paths made slippery by fallen leaves, but when bags continue to be left into summer and are in danger of obstructing the public path, this can become a whole other risk.<\/p>\n
While the reader isn\u2019t responsible for the risk, he is right to be concerned, says solicitor Patrick O\u2019Connor, of P O\u2019Connor & Son solicitors in Swinford, Co Mayo.<\/p>\n
\u201cHe doesn\u2019t have control over what\u2019s outside his own garden, wall or fence. That\u2019s in the control of the local authority and it\u2019s their responsibility to keep that clear of hazards.\u201d <\/p>\n
The reader should not have responsibility for any hazard he has not created. But that doesn\u2019t mean he couldn\u2019t have proceedings taken against him, says O\u2019Connor.<\/p>\n
If someone tripped on the bags and decided to take legal action against the local authority, their solicitor might \u201cthrow the net a little wider\u201d, joining the reader in proceedings.<\/p>\n
\u201cThe reality is those proceedings would probably only go ahead against the local authority in this case but, at the same time, to cover off any issue the injured party might have, a solicitor might sue the local authority and any adjoining landowner or householder,\u201d says O\u2019Connor.. <\/p>\n
\u201cA person who has not created the hazard or nuisance on the public roadway or footpath is not in any way legally responsible for it, so you should have no responsibility legally. However, that doesn\u2019t mean you won\u2019t have proceedings taken against you. <\/p>\n
\u201cThe courts, like the Ritz Hotel, are open to everyone.\u201d <\/p>\n
Be proactive, he advises the reader. <\/p>\n
\u201cExpress your concern to the local authority that these bags are there and are not being collected.\u201d <\/p>\n
If you know who in the neighbourhood is leaving them on the path, talk to them about the potential hazard too. <\/p>\n
\u201cThe ownership and responsibility for the footpath is with the local authority, but the neighbours are also putting themselves on the hazard of a potential liability because they have put the bags there,\u201d says O\u2019Connor.<\/p>\n
\u201cAnything you do to notify the local authority or the neighbours should really be done in writing \u2013 and make sure you keep a copy of it. If someone does slip or fall, you can say, \u2018Well, I told you, and here is my correspondence with you about it\u2019.\u201d<\/p>\n
Check your home insurance too. Most policies include public liability cover, says O\u2019Connor, but homeowners should double-check this at each renewal. <\/p>\n
The name of the reader who submitted the question is not being published to protect the identities of those involved.<\/p>\n