Laura Sharman 12 October 2016

Court determines councils not always liable for accidents on their property

Local authorities should not automatically be financially liable for accidents that occur on their land, a court has ruled today.

The London Borough of Sutton was defending itself against a compensation claim from a man who suffered serious injuries after falling from a small ornamental bridge in a public car park.

However, Zurich Municipal instructed lawyers to defend the council, who successfully argued the cause of the fall was never determined and there had been no reported accidents on the bridge before.

The Court of Appeal also heard that no risk assessment would have prevented the incident, as the bridge was not unsafe to cross.

John Latter, technical claims director at Zurich said: 'This decision is a victory for common sense. It was gratifying to see the judgement challenged and a local authority spared of financial pay-out it was not liable for – this decision will go a long way to protect already stretched council budgets.

‘When an unfortunate accident occurs there isn't always someone else to blame, indeed, from a liability point of view local authorities or occupiers of land should not always be held responsible for accidents befalling visitors – individuals must make their own informed judgements.

In this case, the utilising of unnecessary, cost prohibitive and unsightly warning signs may not even have prevented what was ultimately no more than an unfortunate accident.’

SIGN UP
For your free daily news bulletin
Highways jobs

Senior Lawyer (Property)

West Northamptonshire Council
£46,878 - £50,071
Are you ready to take the next step in your career, in an organisation where you will be supported to excel professionally? If so, join the new Legal Team at West Northants Council, one of the newest and the fourth biggest Unitary Councils in England. We Northampton
Recuriter: West Northamptonshire Council

Service Lead (Systemic and Workforce) - Children’s Services

London Borough of Richmond upon Thames and London Borough of Wandsworth
£66,318 - £80,874 per annum

Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Light Vehicle Mechanic

Derbyshire County Council
£27,507 - £29,418
We are looking for a highly motivated Light Vehicle Mechanic to join our County Transport team County Transport – Ambergate Workshops
Recuriter: Derbyshire County Council

Public Health Practitioner

West Northamptonshire Council
£46,878 - £50,071
This permanent post is a perfect opportunity to someone who wants to make a difference to healthy lifestyles and health inequalities in West Northamptonshire. We are looking for someone to join our team working with the Public Health Specialist and Princi Northampton
Recuriter: West Northamptonshire Council

DigiGo Minibus Driver

Essex County Council
Up to £22361 per annum
DigiGo Minibus DriverFixed Term, Full Time and Part TimeUp to £22,361 per annum (FTE)Location
Recuriter: Essex County Council
Linkedin Banner

Partner Content

Circular highways is a necessity not an aspiration – and it’s within our grasp

Shell is helping power the journey towards a circular paving industry with Shell Bitumen LT R, a new product for roads that uses plastics destined for landfill as part of the additives to make the bitumen.

Support from Effective Energy Group for Local Authorities to Deliver £430m Sustainable Warmth Funded Energy Efficiency Projects

Effective Energy Group is now offering its support to the 40 Local Authorities who have received a share of the £430m to deliver their projects on the ground by surveying properties and installing measures.

Pay.UK – the next step in Bacs’ evolution

Dougie Belmore explains how one of the main interfaces between you and Bacs is about to change.