Sachs LJ stated that ‘it is in my judgment clear that the corporation’s statutory duty under section 44 of the Act of 1959 is reasonably to maintain and repair the highway so that it is free of danger to all users who use that highway in the way normally to be expected of them — taking account, of course, of the traffic reasonably to be expected on the particular highway. Motorists who thus use the highway, and to whom a duty is owed, are not to be expected by the authority all to be model drivers. Drivers in general are liable to make mistakes, including some rated as negligent by the courts, without being merely for that reason stigmatised as unreasonable or abnormal drivers; some drivers may be inexperienced, and some drivers may find themselves in difficulties from which the more adept could escape. The highway authority must provide not merely for model drivers, but for the normal run of drivers to be found on their highways, and that includes those who make the mistakes which experience and common sense teaches are likely to occur.’ and ‘mere unevenness, undulations and minor potholes do not normally constitute a danger’ within the section.
Citations:
[1973] QB 505
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – West Sussex County Council v Russell CA 12-Feb-2010
The council appealed against a finding that it had failed in its duty to keep the highway safe leading to an accident in which the claimant was severely injured. The road was narrow, and a significant drop had developed by the edge of the road. The . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Personal Injury
Updated: 25 July 2022; Ref: scu.401639