38 year-old Peter Foster sought damages from Dundee City Council after tripping over an uncovered drain and sustaining injury.
The drain belonged to a water company, but the maintenance of the street where the drain was located was the responsibility of the Council.
Quantum of £2,500 was agreed and the proof was restricted to liability.
The Council had carried out an inspection of the street in question just prior to Mr Foster’s accident, and had failed to inform the water company of the missing drain cover.
Accordingly, it was held that liability lay entirely with the Council.
While the water company was under a duty to make sure its apparatus was in safe condition, it could not be liable for a negligent inspection carried out by the Council; liability only transferred to it if a proper inspection revealed a defect and this information was then passed on.
The full decision can be found here.
Related Articles
MW v Wilkinson – Driver not liable in child pedestrian accident
A tragic road traffic accident involving a 5-year-old boy resulted in serious injuries, but the court found the driver was not liable. This case highlights when drivers may – and
Atkinson v Kennedy – Driver not liable in child pedestrian case
Atkinson v Kennedy demonstrates that even in serious child pedestrian accidents, liability is not automatic. The Court held the collision was unavoidable despite the driver exceeding the speed limit.
Gadsby v Hayes | Child pedestrian toucan crossing case
A High Court case examining whether a driver should reduce speed to 10 mph at a toucan crossing. Despite serious injuries to a child pedestrian, the court found no negligence.
Is it worth 5 minutes of your time?
A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help.
This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.