The claimant cyclist was injured on being thrown from his bicycle going downhill, by a defect in the road. He appealed against a decision that the defect was not a danger.
Christopher Clarke, Burnett LJJ
[2015] EWCA Civ 1440
Bailii
England and Wales
Citing:
Cited – Mills v Barnsley Borough Council CA 1992
The court considered the extent of defect in a highway needed to found a claim that it was dangerous. It emphasised that the duty must not be made too high, balancing the public need against the private interest.
Steyn LJ said: ‘For my part I . .
Cited – Jones v Rhondda Cynon Taff County Borough Council CA 15-Jul-2008
The claimant, a fireman, sought damages for injuries suffered when he was injured answering a call out. He fell into a depressed area by the road side as he was pulling away a burning wooden pallet.
Held: The appeal was dismissed. The court . .
Cited – James v Preseli District Council CA 1992
In the context of an alleged failure to maintain a highway, the question in each case is whether the particular spot where the claimant tripped or fell was dangerous: ‘if the particular spot was not dangerous, then it is irrelevant that there were . .
Lists of cited by and citing cases may be incomplete.
Personal Injury
Updated: 12 January 2022; Ref: scu.561143