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

School Crossing Patrol Officer - United Academy

Essex County Council
Up to £13.00 per hour
School Crossing Patrol Officer - United AcademyPermanent, Term Time£13.00 per hourLocation
Recuriter: Essex County Council

Customer Service Advisor

London Borough of Richmond upon Thames and London Borough of Wandsworth
£32,841 - £42,888 per annum
Job Title
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Speech and Language Therapist (Grenfell Education Hub)

The Royal Borough of Kensington & Chelsea Council
Up to £53076 per annum
Support the North Kensington community to find and use their voices to shape futures beyond tragedy.As Speech and Language Therapist in the Grenfell E England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Development Officer - Museums

The Royal Borough of Kensington & Chelsea Council
Negotiable
Secure the future of our historic museums through fundraising and community support. As a Development Officer, you'll play a crucial role in sustainin England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Educational Psychologist (Grenfell Education Hub)

The Royal Borough of Kensington & Chelsea Council
£53076.00 - £54076 per annum
Support the North Kensington community to rebuild, aspire and shape futures beyond tragedy.Support the North Kensington community to rebuild, aspire a England, London
Recuriter: The Royal Borough of Kensington & Chelsea Council
Linkedin Banner