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.
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.
RegisterIf you have any questions about the service please contact customerservices@lexology.com or call Lexology Customer Services on +44 20 7234 0606.
Esdale v Dover District Council [2010] EWCA Civ 409
- RPC
- Gavin Reese and Kate Fortune
- United Kingdom
- August 24 2010
-
Tags
If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.
David Parker
Group Manager, Legal and Business Services
Australian Grand Prix Corporation