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

Makaton Tutor - Part Time / Term Time

Essex County Council
£25821.00 - £30377.00 per annum + + Pension
Makaton Tutor - Part Time / Term TimePermanent, Part Time£30,377 per annum, full time equivalent / equal to £15.74 per hour.Location
Recuriter: Essex County Council

Assistant Urban Design Intern

Essex County Council
Up to £25081.00 per annum + + 26 Days Leave & Local Gov Pension
Assistant Urban Design InternFixed Term, Full Time£25,081 per annumLocation
Recuriter: Essex County Council

Wellbeing and Independence Practitioner - Safeguarding Team

Essex County Council
£31931.00 - £36423.00 per annum + + 26 Days Leave & Local Gov Pension
Wellbeing and Independence Practitioner - ASC Centralised Safeguarding TeamFixed Term, Full Time£31,931 to £36,423 per annumLocation
Recuriter: Essex County Council

Financial Strategy Manager (Revenue)

The Royal Borough of Kensington & Chelsea Council
Negotiable
Bring clarity to complex decisions and help shape how we invest in our borough's future.Bring clarity to complex decisions and help shape how we inves England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Team Manager - Locality

Wakefield Council
£55,979.00, Grade 13
Wakefield Children’s Services have been rated by Ofsted as GOOD with outstanding leadership. Wakefield, West Yorkshire
Recuriter: Wakefield Council
Linkedin Banner