Failure to maintain hedges contibuted to road accident

Post Reply
gardenlaw
Site Admin
Posts: 828
Joined: Thu Feb 24, 2005 10:40 pm
Number of Posts per Page: 50
Number of topics per page: 50
Location: Halifax

Failure to maintain hedges contibuted to road accident

Post by gardenlaw » Fri Sep 03, 2010 3:46 pm

A local authority that failed to maintain the shrubs surrounding a pedestrian crossing has been held to have breached its duty of care to pedestrians and contributed to a road accident

despair
Posts: 16313
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Fri Sep 03, 2010 6:16 pm

May i have the actual case law reference please because my LA ignores all requests to cut back vegetation on sightlines etc

Treeman
Posts: 3993
Joined: Fri Feb 25, 2005 7:02 am
Number of Posts per Page: 50

Post by Treeman » Fri Sep 03, 2010 6:53 pm

despair wrote:May i have the actual case law reference please because my LA ignores all requests to cut back vegetation on sightlines etc

Now that’s rich, you who consistently fails to provide any reference when repeatedly asked…………

juliet
Posts: 715
Joined: Sat Jul 12, 2008 6:26 pm

Post by juliet » Fri Sep 03, 2010 7:10 pm


despair
Posts: 16313
Joined: Mon Mar 14, 2005 7:07 am

Post by despair » Fri Sep 03, 2010 7:11 pm

Very many Thanks Juliet

Sudynim
Posts: 2242
Joined: Mon Dec 21, 2009 6:31 pm

Re: Failure to maintain hedges contibuted to road accident

Post by Sudynim » Fri Sep 03, 2010 8:27 pm

gardenlaw wrote:A local authority that failed to maintain the shrubs surrounding a pedestrian crossing has been held to have breached its duty of care to pedestrians and contributed to a road accident

"Lady Justice Smith upheld the appeal, but agreed with HH Judge Hegarty QC’s assessment of the claimant’s contributory negligence at 75%. “It seems to me that when a pedestrian decides to cross a three lane highway in this way (and we all do it from time to time) he or she accepts a high degree of responsibility to ensure that it is safe to do so,” she said."

A somewhat hollow victory?

Post Reply