Craig Rollinson v Dudley Metropolitan Borough Council [2015] EWHC 3330 (QB) - Daniel Tobin, 12 King's Bench Walk
19/02/16. The recent High Court appellate decision in the case of Craig Rollinson v. Dudley Metropolitan Borough Council addresses the important question as 'whether highway authorities are under a duty to keep all roads, pavements and footpaths throughout England and Wales free from moss and algae'?
Background to the Claim
The Claimant was a 55 year old gentleman living in what was described as the "leafy residential suburb" of Dudley. He had a back condition, other health problems and was registered disabled. The Defendant was the highway authority under the Highways Act 1980 in respect of Lormond Road, Dudley.
On the morning of 26th November 2012 the Claimant went for a walk. He lived in a bungalow on Lormond Road and it seems that he had not walked far when he came across an area of the footway upon which there was a slight downward incline. Photographs produced at trial showed that there were intermittent areas or patches of moss or algae on this part of the footway. The Claimant fell on the moss/algae. Happily he only suffered minor injuries, but he nevertheless brought a claim against the Defendant, alleging that his fall was caused by...
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