The defendant had land across which a path ran. It had a right angled turn, and users cutting across wore away the land causing a dip, where the claimant tripped and fell. She claimed damages. The council accepted that the short cut was regularly taken, but said there had been no previous incidents or complaints, and appealed a finding of 50% liability for contributory negligence.
Held: The judge had been entitled to apportion liability as he had. The council had not been free to assume users would always succeed in avoiding the dangers. All such cases fall to be determined on their own facts.
Lords Justice Pill and Potter
Gazette 04-Jul-2002,  EWCA Civ 1175
England and Wales
Land, Personal Injury
Updated: 19 May 2022; Ref: scu.217313