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

Programme Manager - Castle Point Borough Council

Essex County Council
Up to £550.0000 per day
Programme Manager - Castle Point Borough Council Castle Point, Essex Full-Time, Temporary 2 month contract £550 per day Umbrella, Outside IR35 Project England, Essex, Thundersley
Recuriter: Essex County Council

Finance Assistant - Debt Collection - 12-month FTC

Essex County Council
Up to £25959 per annum + + 26 Days Leave & Local Gov Pension
Finance Assistant - Debt Collection - 12-month Maternity Cover Fixed Term ContractFixed Term, Full Time£25,081 per annumLocation
Recuriter: Essex County Council

Shared Planning Lawyer

Broxbourne Borough Council
Up to £68,506 pa
Are you a focused, enthusiastic team player who enjoys a varied and interesting caseload Cheshunt, Waltham Cross
Recuriter: Broxbourne Borough Council

Strategic Director of Adult Social Care and Health

Tameside Metropolitan Borough Council
circa £130,000 p.a.
Are you someone who leads with heart, thinks with vision, and delivers with impact? Tameside, Greater Manchester
Recuriter: Tameside Metropolitan Borough Council

Assistant Director of All Age Commissioning

Tameside Metropolitan Borough Council
£107,521 p.a.
Are you someone who leads with heart, thinks with vision, and delivers with impact? Tameside, Greater Manchester
Recuriter: Tameside Metropolitan Borough Council
Linkedin Banner