The respondent provided a cycle way. As it passed through a tunnel, there were drainage gullies at the side. The claimant stepped off her cycle, and hurt her foot in the gully. The tunnel was well lit, and no previous complaints had been made. The authority appealed a finding of negligence.
Held: The finding that the accident was foreseeable when there had been no previous complaint amounted to creating an equivalence between its duties in negligence and its duties under the 1957 Act. There was no such equivalence, or duty to prevent accidents. The appeal succeeded.
Judges:
Judge, May LJJ
Citations:
Gazette 09-Jan-2003, [2002] EWCA Civ 1675
Links:
Statutes:
Jurisdiction:
England and Wales
Personal Injury, Local Government, Negligence
Updated: 06 June 2022; Ref: scu.178639
