I despaired to read BJ Calpin’s letter (December 27) repeating this urban myth that people can be sued for clearing their paths of snow.

To further suggest that the council does not clear pavements for fear of being sued is equally ridiculous and utter nonsense.

The real truth about clearing snow is this – it is the local authority’s responsibility to clear snow and ice from the public highway. Where pavements are also owned by the council then these are also its responsibility.

However, the council cannot afford to have a standing army of people waiting to clear snow and so some prioritisation has to take place. We can all argue about what should be prioritised, and Coun D’Agorne and I have certainly made a number of representations to council recently about this.

I’d want to reassure members of the public, though, that by sweeping snow from the pavement you are highly unlikely to be sued.

For a case to succeed, a claimant would have to show that you had acted maliciously or carelessly and created a nuisance which caused injury to someone, for example, by sweeping the snow from outside your house and piling it outside your neighbour’s house.

A case of nuisance based on tort law would be difficult to prove and virtually all solicitors would advise against anyone attempting to proceed with a claim.

I think clearing snow is something in which we really are “all in it together” and we should help our neighbours wherever possible.

Dave Taylor, Green Party councillor for Fishergate, New Walk Terrace, York.