The claimant injured herself tripping over a depression in the pavement. The council appealed a finding that it was in breach of its duty, saying that it had inspected the footway every six months.
Held: The appeal succeeded. Any collapse at this site would be from a cellar underlying the pavement, which might happen suddenly. It was not reasonable to require the council to have a separate inspection regime for this purpose.
Judges:
Sir Anthony Clarke MR, Laws, Longmore LJJ
Citations:
[2008] EWCA Civ 583
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Approved – Jacobs v Hampshire County Council QBD 28-May-1984
Skinner J discussed the application of section 58 of the 1980 Act saying: ‘that, in assessing whether a council has a defence under section 58 of the 1980 Act, it is necessary to take account of the sort of traffic which would foreseeable use the . .
Cited – Ward v Tesco Stores Ltd CA 1976
The claimant slipped on the contents of a yoghurt pot which had spilled onto the floor of the supermarket. The defendants gave evidence of frequent inspection and sweeping of the supermarket floor with instructions to the staff to clear up spillages . .
Cited – Atkins v London Borough of Ealing QBD 17-Oct-2006
An accident which occurred when a manhole cover tilted, causing the claimant’s foot to fall through into the hole and causing the claimant injury.
Held: The council’s appeal failed. . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Local Government
Updated: 17 July 2022; Ref: scu.270518