Public Liability and Highways Claims Post-Jackson: Causation and Initial Liability Investigations - Andrew Mckie, Clerksroom
28/05/14. Causation is one of the most important aspects when considering any highways slipping or tripping claim. The reason of course for this is that even if the claimant can succeed on the issue of breach of duty, the claimant still has to prove causation in relation to the injuries sustained. This becomes even more important when the credibility of the claimant is at issue between the parties.
The claimant of course will have to prove legal and medical causation on the balance of probability. Establishing causation at an early stage in the case will be as important as establishing breach of duty, given that if the claimant’s case fails on the issues of causation, there is little point in establishing breach of duty in the first instance.
This chapter will therefore concentrate solely on investigating causation in relation to highways slipping and tripping claims and occupiers claims and focus on the early investigations to be undertaken in relation to such cases at the outset.
Early Investigation
Early investigation of causation is always going to be key in relation to a highways slipping and tripping case. This will be particularly important if...
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