The Highways Act 1980 brought in measures to ensure that the highways in the United Kingdom are suitable for use.
What if they are not suitable for use?
In some instances highways are not always fit for use and they can cause accidents. Trips and falls are common and can cause serious injuries to those whom have fallen. Common problems with the highways include potholes, uneven surfaces, uncovered drains or defective curbs.
If this has happened to you, you may be able to claim compensation.
Who manages the highway?
Highways agencies and local authorities have a duty to maintain the highway at the expense of the public. This means that if a highway is the cause of your injury, the local authority or highways agency may be responsible.
How must the highway be maintained?
Section 41 of the Highways Act 1980 places a statutory duty to maintain the highway at the public’s expense. This “duty” is significant, as it means that a duty of care is owed to you and if that duty is breached, you may be able to claim money for your injury.
EXAMPLE: A man is walking his dog. He walks to the shop near to where he lives and accidently steps into a crack on a defective pavement. This action caused his ankle to twist and him to fall to the floor, causing injury to his knees and elbows. If the man claimed it is likely that he would be able to claim if it is proven that the pavement was defective enough to warrant intervention.
Can’t the relevant authority defend themselves?
Section 58 of the Highways Act 1980 outlines a statutory defence. This is that it is up to the council or agency to prove that they had taken all reasonable care which was reasonably required to secure that the highway was fit for traffic.
If a case went to court they should take notice of who would use the highway, the standard of maintenance appropriate, the state in which a reasonable person would expect to find the highway, whether the authority knew that the highway could cause danger to traffic and if they had known, if there was adequate warning or caution notices.
What does this mean?
The wide definition of the defence means that each case will need to be assessed in turn to find if the relevant authority had broken their duty.
EXAMPLE: Using the example above. Imagine the man had ignored a warning sign and walked down a road which posed danger, or where the relevant authority had not known of the danger but had inspected the area recently, the case may be different and the defence could come into play.
It is always worth phoning the Injury Lawyers to find out if we could help with your claim
