Local authorities and loose paving - a duty of care
Tuesday 29th November 2011 A recent case highlights the duty of care placed on local authorities to repair defects that they have inspected and deemed dangerous as soon as possible.
Dalton v Nottinghamshire County Council [2011] EWCA Civ 776
The claimant tripped over a loose and wobbling paving block that caused her to overbalance and fall, sustaining injuries. The accident took place in a pedestrianised area in Beeston town centre. The court at first instance found the defendant local authority negligent in carrying out their duty under section 41 Highways Act 1980 to maintain the highway. The defendant appealed.
It is possible to defend a s41 claim under section 58 Highways Act 1980 where the local authority has inspected the area in question on a regular basis and it has not noted any dangerous defects and as such the defect must have arisen since the last inspection period.
However, in this case defendants had inspected the defect and graded it as a category Type 1 repair and this was used as evidence that they believed it was dangerous themselves. With the defect being in the main square in the centre of the town with a high level of pedestrian use it was obvious that it was a danger and that it was foreseeable that it would cause an injury if somebody tripped over the loose paving.
In this case the claimant was successful due to the fact that the defect was proved to be dangerous both by the fact the claimant fell over the loose paving and also by the fact that the local authority had deemed the defect as dangerous also.
Comment: The courts have previously made it clear that local authorities do not have to provide a perfectly flat smooth surface and that there are bound to be some bumps and ledges. However, the Court of Appeal here found that 'one does not expect the structure under foot to be shifting in nature.' This case highlights the duty on local authorities to take swift action where they recognise a dangerous defect exists; this hazard went beyond merely a tripping hazard. The loose block could move quite freely and therefore the risk to a pedestrian was far greater. The defendant's assessment of the defect simply underlined the need for fast action.
Ashfords' Personal Injury Team has extensive experience in all areas of personal injury claims, ranging from accidents on public property or at work to road traffic accidents and clinical negligence. If you have had a claim made against you and would like to discuss your options, please contact Flora Wood, Partner, on 01392 334020.
Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
