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 – a win-win for both sides. 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. Apart from being unsightly, the bags are left for months before being collected and partly block the footpath outside my home. If someone trips, falls and injures themselves, am I responsible? A: Councils collect tonnes of fallen leaves from city streets each autumn. In some areas, residents’ 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.It’s 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.While the reader isn’t responsible for the risk, he is right to be concerned, says solicitor Patrick O’Connor, of P O’Connor & Son solicitors in Swinford, Co Mayo.“He doesn’t have control over what’s outside his own garden, wall or fence. That’s in the control of the local authority and it’s their responsibility to keep that clear of hazards.” The reader should not have responsibility for any hazard he has not created. But that doesn’t mean he couldn’t have proceedings taken against him, says O’Connor.If someone tripped on the bags and decided to take legal action against the local authority, their solicitor might “throw the net a little wider”, joining the reader in proceedings.“The 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,” says O’Connor.. “A 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’t mean you won’t have proceedings taken against you. “The courts, like the Ritz Hotel, are open to everyone.” Be proactive, he advises the reader. “Express your concern to the local authority that these bags are there and are not being collected.” If you know who in the neighbourhood is leaving them on the path, talk to them about the potential hazard too. “The 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,” says O’Connor.“Anything you do to notify the local authority or the neighbours should really be done in writing – and make sure you keep a copy of it. If someone does slip or fall, you can say, ‘Well, I told you, and here is my correspondence with you about it’.”Check your home insurance too. Most policies include public liability cover, says O’Connor, but homeowners should double-check this at each renewal. The name of the reader who submitted the question is not being published to protect the identities of those involved.Please send your legal queries to Joanne Hunt, Ask the Lawyer, The Irish Times, 24-28 Tara Street, Dublin 2, or by email to joanne.hunt@irishtimes.com with a contact phone number. This column is a reader service and is not intended to replace professional advice