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

Assistant Engineer or Engineer

London Borough of Richmond upon Thames and London Borough of Wandsworth
Starting Salary from £32,841 for Assistant Engin
Job Title
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Service Manager - Environmental Health (Commercial)

Barnet London Borough Council
£62,766 - £69,984
The Assurance and Public Protection directorate ensures democratic accountability of council services. Barnet (City/Town), London (Greater)
Recuriter: Barnet London Borough Council

Pause Practice Lead

Oxfordshire County Council
£54495 - £57864
Are you an ambitious, creative and influential leader who is passionate about reducing the number of children being removed into care by supporting women to bring about change in their lives? About Pause Pause works with women who have experienced re Oxford
Recuriter: Oxfordshire County Council

Multi Schools Council Quadrant Facilitator

Essex County Council
£29121.00 - £34259.00 per annum + + 26 Days Leave & Local Gov Pension
Multi Schools Council Quadrant FacilitatorPermanent, Full Time£29,121 to £34,259 per annumLocation
Recuriter: Essex County Council

Early Help Navigators (MASH Service)

London Borough of Richmond upon Thames and London Borough of Wandsworth
£40,737 - £49,365 per annum
Early Help Navigators (MASH Service)
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth
Linkedin Banner