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 Transformation Manager Care Technology

London Borough of Richmond upon Thames and London Borough of Wandsworth
£57,171 - £72,186
Senior Transformation Manager – Care ... Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Deputy Parks & Amenities Manager

Hertsmere Borough Council
£37,951 - £42,825 (depending on experience)
You will manage a team of Parks Officers, act as deputy to the Parks & Amenities Manager Borehamwood, Hertfordshire
Recuriter: Hertsmere Borough Council

High Needs Funding Officer - Post 16

Essex County Council
£26485.00 - £31158.00 per annum + pension
High Needs Funding Officer - Post 16Fixed Term, Full Time£26,485 to £31,158 per annumLocation
Recuriter: Essex County Council

Social Worker - Learning and Disability Team

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 - £52,767
Social Worker – Learning and Disabili... London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Transport Professional Engineer and Senior Engineer

Leicester City Council
£42,839 - £54,495 per year
Would you like to be a part of transforming the transport system in Leicester? Leicester, Leicestershire
Recuriter: Leicester City Council
Linkedin Banner