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

Director of Governance and Civic Services

London Borough of Merton
c£130,000
As the Council’s statutory Monitoring Officer, you will champion strong governance and integrity Merton, London (Greater)
Recuriter: London Borough of Merton

Executive Director Corporate Resources, Section 151 Officer

Cheshire West & Chester
up to £160,217
The successful candidate will combine outstanding professional credibility and the ability to influence Chester, Cheshire
Recuriter: Cheshire West & Chester

Director of Finance

Torbay Council
highly competitive
Not only will you fulfil the role of statutory Chief Financial Officer you will be part of a directorate team Torbay, Devon
Recuriter: Torbay Council

Bereavement Services Operative

Kirklees Metropolitan Council
£27,274 - £32,046
This is a 37 hour a week position worked over 5 days, flexibility is essential as role includes occasional Saturday working. Kirklees, West Yorkshire
Recuriter: Kirklees Metropolitan Council

Advanced Practitioner - Multi-Agency Safeguarding Hub (MASH)

London Borough of Richmond upon Thames and London Borough of Wandsworth
Up to £61,176 per annum
Advanced PractitionerMulti-Agency S... Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth
Linkedin Banner