PI Brief Update

30 November 2009 - PI Practitioner

HIGHWAY

Goodes v East Sussex County Council (2000) 1 WLR 1356

The absolute duty under s.41(1) Highways Act 1980 to maintain the fabric of the road in good repair did not encompass a duty to prevent or remove the formation or accumulation of ice or snow

(But note the modification of this common law rule in s.111 of the railway and Transport Safety Act 2003 which amends s.41 and imposes a duty “ so far as is reasonably practicable” to ensure safe passage along a highway is not endangered by ice and snow).

Sandhar v Department for Transport [2004] EWCA Civ 1440

A common law duty of care is not owed by a highway authority for failure to follow its own standards contained within the guidelines to its ‘winter maintenance programme’

WORKPLACE

Pettie v Southampton University Hospitals NHS Trust [2002]

Car park at hospital is part of the workplace – gritting must even extend to the car spaces themselves

McCondichie v Mains Medical Centre 2004 Rep. L.R. 4; 2003 G.W.D. 35-993

Ice in a car park – Employer must take reasonable steps to minimize risk

Butler v 3663 LTD (2007) LTL 29/4/2008

The presence of a patch of ice on the floor at the rear of a refrigerated lorry did not mean that the floor had not been maintained in an efficient state within the meaning of the Provision and Use of Work equipment Regulations 1998 reg 5.1

OCCUPIER’S LIABILITY

Marsh v Kerwin (1995) LTL 29/11/99

The occupier of a dwelling house was not liable to a visitor who slipped and fell on the ice which had formed on steps leading to the front door within half-an-hour of the occupier herself negotiating the steps in safety