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.

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