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

Enterprise Architect

Essex County Council
£68635.0000 - £80746.0000 per annum
Enterprise ArchitectFixed Term, Full TimeUp to £80,746 per annumLocation
Recuriter: Essex County Council

Partnership and Improvement Manager SEND WMF2888e

Westmorland and Furness Council
£51,356 to £52,413
Are you passionate about improving outcomes for children and young people with Special Educational Needs and Disabilities (SEND)? Cumbria / Various
Recuriter: Westmorland and Furness Council

Shovel Driver/Plant Operative - Chelmsford

Essex County Council
Up to £28033.00 per annum
Shovel Driver/Plant Operative - ChelmsfordPermanent, Full Time£28,033 per annum Location
Recuriter: Essex County Council

Environmental Health Officer - WMF2890e

Westmorland and Furness Council
£42,839 - £44,075
This is an exciting opportunity for you to join Westmorland and Furness Council as an Environmental Health Officer Barrow in Furness, Cumbria
Recuriter: Westmorland and Furness Council

Public Health Strategic Manager

Durham County Council
Band 2 - £66,164 - £68,493
We are seeking to appoint enthusiastic individual who is passionate about the health of people in County Durham, to join our Public Health team as a P Spennymoor
Recuriter: Durham County Council
Linkedin Banner