Andrew Foulds (2) Claire Foulds (Both as Personal Representatives of Benjamin Foulds, Deceased) v Devon County Council (HHJ Cotter 2015, 9 January 2015)

A cyclist had suffered head and spinal injuries after losing control of his bicycle and crashed into metal railings atop a low wall. The railings had broken on impact and the Claimant fell down a large drop on to a lower road. The Claimant’s case was that the Defendant local authority owed him a duty to ensure that the railings were sufficient to cope with the potential impact. The Claim was made a common law, as at all times the surface of the road was sufficiently in repair. The normal position is that there is no duty at common law requiring a highway authority to make a road safer, but if in exercising its powers the highway authority creates a hazard it will be liable. The allegation against the Defendant was characterised as one of an omission (to erect a suitable crash barrier) rather than the creation of a hazard and the claim was therefore dismissed.

February 15, 2015 В· Editorial Team В· Comments Closed
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