Slipped in street

Lau2976

I was walking through town the other day and saw a woman fall.

I was curious as to liability. She fell on uneven ground when it was raining and the path had leaves which had blown over from the other side if the street. She seemed fine when I helped her up.

But if she wasn't would she have been liable for that? Or could it be argued that dcc failed on their duty if care by allowing leaves to there? Also what's the legality around slipping on purposefully uneven ground (like sloping ground to allow a car in)

I'm no legal expert, so others may laugh me out of the thread, but I'm sure there's a level of 'due care and attention' that's required by users of the pathways.

hullaballoo

As above, there is a limited duty to look where you're going.

That said, failure to clear leaves could give rise to liability for many people, such as business owners and even private individuals in some circumstances. Government agencies have a peculiar get-out-of-jail-free card known as the doctrine of non-feasance, which is a nice way of saying they have no duty to keep road- and foot-ways safe.

Victor

There is also the matter of misfeasance - did someone dig up the road or repair the road and do a bad job?

The_Minister

hullaballoo wrote: »

As above, there is a limited duty to look where you're going.

That said, failure to clear leaves could give rise to liability for many people, such as business owners and even private individuals in some circumstances. Government agencies have a peculiar get-out-of-jail-free card known as the doctrine of non-feasance, which is a nice way of saying they have no duty to keep road- and foot-ways safe.

Does that cover leaves though?
It certainly covers a lack of repair to the pathway, but I don't remember it covering the accumulation of debris.

dissed doc

Lau2976 wrote: »

I was walking through town the other day and saw a woman fall.

I was curious as to liability. She fell on uneven ground when it was raining and the path had leaves which had blown over from the other side if the street. She seemed fine when I helped her up.

But if she wasn't would she have been liable for that? Or could it be argued that dcc failed on their duty if care by allowing leaves to there? Also what's the legality around slipping on purposefully uneven ground (like sloping ground to allow a car in)

I would say she is not at fault. She would probably win a case for relocation of the problem, for example to the Netherlands where it is completely flat, thus preventing further falls.

Lux23

There is a tree outside my family home and the roots are raising the path up by about half a foot. In daylight you can see it a mile off but I have tripped a couple of times at night. Someone is bound to fall eventually. The council sent a tree surgeon to do some remedial work but it made no real difference. My mother has written to them a few times asking for the tree to be removed but they refuse to. People seem to be very protective of trees in the neighbourhood. Who would be responsible if someone tripped? The house and path are both council property.

dissed doc

Lux23 wrote: »

There is a tree outside my family home and the roots are raising the path up by about half a foot. In daylight you can see it a mile off but I have tripped a couple of times at night. Someone is bound to fall eventually. The council sent a tree surgeon to do some remedial work but it made no real difference. My mother has written to them a few times asking for the tree to be removed but they refuse to. People seem to be very protective of trees in the neighbourhood. Who would be responsible if someone tripped? The house and path are both council property.

The council is responsible but only if she can prove she was wearing flat shoes at the time of the fall.

hullaballoo

The_Minister wrote: »

Does that cover leaves though?
It certainly covers a lack of repair to the pathway, but I don't remember it covering the accumulation of debris.

I'm pretty sure nonfeasance covers a wide range of doing nothing and would include leaves.

Victor

As sanitary authority, does a council have a responsibility for leaves?

hullaballoo

It would certainly be a quirk of the law if a council was responsible for leaves.

Victor

Well, they have (at some level) a responsibility to keep the streets clean.

endacl

Victor wrote: »

Well, they have (at some level) a responsibility to keep the streets clean.

There's a wet leaf on the path outside my gaff. I'll report in when they come out to pick it up.

Victor

endacl wrote: »

There's a wet leaf on the path outside my gaff. I'll report in when they come out to pick it up.

Ah, it's not one leaf, it's so many leaves as to conceal an uneven surface. There is a duty under the Roads Act 1993 to consider all road users.