The clamant sought damages ahving been injured falling from a footbridge.
Held: ‘The injuries were not caused by any failure to maintain the highway and the claimant’s claim under the 1980 Act fails. The claimant’s injuries were not the result of any failure by the defendant to take reasonable care to ensure that he was reasonably safe in using the land adjacent to the footpath and there was no breach of the duty imposed by section 2 of the 1958 Act. The defendant is not liable at common law for any negligence in relation to the injuries that the claimant sustained. For those reasons, the claim does not succeed.’
Judges:
Lewis J
Citations:
[2017] EWHC 1499 (QB)
Links:
Statutes:
Occupier’s Liability Act 1957 2, Highways Act 1980 41
Jurisdiction:
England and Wales
Personal Injury, Land
Updated: 27 March 2022; Ref: scu.589915