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

Chief Executive

West Northamptonshire Council
£188,576 - £201,902 (pay award pending)
Join us for a rare opportunity to lead one of the UK’s newest and most ambitious councils Northamptonshire
Recuriter: West Northamptonshire Council

Durham Cares Sufficiency Delivery Lead

Durham County Council
£44,075 - £48,226 Grade 12
Do you want your work to make a real difference to the lives of children and young people in our care?   This is a brilliant opportunity to join a new Spennymoor
Recuriter: Durham County Council

Durham Cares - Care Resource Specialist

Durham County Council
£38,220 - £41,771 Grade 10
Do you want your work to make a real difference to the lives of children and young people in our care?   This is a brilliant opportunity to join a new Spennymoor
Recuriter: Durham County Council

Waste Project Officer

Durham County Council
£32,597 - £36,363
The strategic waste management team have an opening for a Waste Project Officer. If you are interested in community engagement, are an excellent commu Durham
Recuriter: Durham County Council

Policy Officer

Durham County Council
Career Grade 7 to 9 - Grade 7 £30,024 - £33,699 / Grade 8 £32,597 - £36,363 / Grade 9 £35,412 - £39,152
We are seeking a motivated and analytical Policy Officer to support the design, delivery, and evaluation of key policy and strategy documents relating Durham
Recuriter: Durham County Council
Linkedin Banner