The test for determining whether or not the Council had taken reasonable steps to see that visitors were safe did not depend upon what standards the Council had set itself. The test was an objective one. In this particular case, the Council had an internal policy to repair pavement defects which were ¾” in height. This in itself did not mean that it was automatically negligent for not repairing a defect which was 1”. The only question was whether a reasonable person would think that the Council had taken such steps that were reasonable to keep visitors safe. In this instance, it was held that they had.
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Esdale v Dover District Council  EWCA Civ 409
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