private road - public liability

EachPenny

DaftyDuck wrote: »

He also suggested not to add signage warning of poor road condition, as it would be some admission of liability.

The same logic is applied by many Highway Authorities in not marking up potholes (with spray paint) unless a repair is imminent. Others will mark up during their cyclic inspections, but the potholes remain long after the paint has worn away.

Conversely, where the skidding resistance of the surface is considered to be too low, a 'slippery road' sign is often deployed as a protective measure.

EachPenny

I've managed to find my ancient (2001, 2nd Ed) copy of Highway Law by Michael Orlik.

On page 48 he states:
"It is still an open question whether individuals or bodies responsible for privately maintainable highways can be sued by a person who has sustained injury through a failure to repair the highway"

On page 128 he goes on to say:
"Even where it can be shown that there is a duty to repair laid on adjoining owners, it is still an undecided question whether the persons responsible for carrying out the repairs can be sued for damages by a person who sustains personal injuries through failure to repair. The cases are conflicting."

Both paragraphs cite Rundle v Hearle 1898.

The situation may have changed since 2001, and the situation may differ for damage to property rather than personal injury. But if Orlik is correct, then whether the taxi driver's claim would be sucessful is not something we'll be able to determine on this thread.

Chapter 8 (Private Roads and Streets) of Highway Law should be essential reading for anyone who has an involvement in the ownership, management or use of a private or unadopted road. I'd also add that I've always found it one of the most readable legal books I've had to consult.

Blakey74_2

Would assume the person could potentially sue under the occupiers liability act. Occupiers of any have a duty to keep visitors and even trespassers safe.

bouicca21

A readable legal text book? Surely that's an oxymoron?

EachPenny

bouicca21 wrote: »

A readable legal text book? Surely that's an oxymoron?

Believe it or not it is also an affordable legal text book!

A great Christmas gift for that 'hard to buy for' person

sparky130a

EachPenny wrote: »

Believe it or not it is also an affordable legal text book!

A great Christmas gift for that 'hard to buy for' person

That means F all. Read the Red book.

Legalise aside let the taxi driver claim. It won't go far....

G_M

EachPenny wrote: »

Believe it or not it is also an affordable legal text book!

A great Christmas gift for that 'hard to buy for' person

Christmas? :doh:That's another 6 months....

sparky130a

G_M wrote: »

Christmas? :doh:That's another 6 months....

Only if you're:

Male
Human
Normal

The females are already planning it i tell ya.... :rudolf:

EachPenny

G_M wrote: »

Christmas? That's another 6 months....

He's a practising solicitor so might be open to a quick phone conversation between professional colleagues, if you happen to know any The promise you'll buy a copy of his book in 6 months time might help too.

G_M

sparky130a wrote: »

Only if you're:

Male
Human
Normal

The females are already planning it i tell ya.... :rudolf:

Yes.
Yes.
No.

True - but trying to pursuade one of them to offer a christmas present early is a lost cause, and I'm darned if I can ever find out where they hide the d*mn things!