The claimant tripped as she walked along a pathway across the estate on which she lived. There was a sign to the effect that the path was for ‘Residents Only’. Hshe sued for persoanla injury on the basis that despite the sign, the pathway was a public footpath.
Held: The Council’s appeal succeeded. Despite a possible use for over 20 years, the sign was sufficient to negate any intention to designate the path as a public highway and it was not such.
Citations:
Unreported, 28.2.07
Land, Personal Injury
Updated: 04 May 2022; Ref: scu.538905