An Important Judgment for Local Authorities, Other Occupiers and Their Insurers - Perry Hill & Fiona James, DWF LLP
14/11/16. Edwards v London Borough of Sutton, Court of Appeal 12.10.16. In this important judgment for local authorities, other occupiers and their insurers, the Court of Appeal allowed London Borough of Sutton’s appeal against a finding of primary liability for its failure to “warn or prohibit the use of a bridge” in a public park after the claimant lost his balance and fell into the stream below, suffering serious spinal injuries. Perry Hill and Fiona James draw out the key findings.
The retired claimant, Mr Edwards, was a lawful visitor to a public park and crossing a small stone “ornamental” bridge with his bicycle when he lost his balance and fell over the low parapet into the stream below, sustaining serious spinal injuries rendering him paraplegic. The precise cause of his loss of balance was not established on the evidence.
The claimant brought a claim for damages against the London Borough of Sutton (Sutton) for breach of the common duty of care under the Occupiers' Liability Act 1957, arguing that no reasonable care had been taken to ensure he was safe in using the bridge. It was argued that Sutton ought to have...
Image: public domain via pixabay.com/en/stone-bridge-peaceful-water-1717095/