Highways trip negligence: Occupiers' Liability Act 1957

Davies v Newcastle under Lyme BC
13 November 2013
Telford County Court HHJ Maine

DWF acted for Newcastle under Lyme BC on the instructions of Gallagher Bassett. 

The claimant was walking her dog along an unlit path through a park at night when she fell and sustained a serious fracture injury to her ankle. The path in question was of tarmac construction and part of the path had started to crack and a depression had formed. The claimant alleged that it was due to the change in the level of the path that she had lost her footing.

Proceedings were brought in both negligence and for breach of section 2 of the Occupiers' Liability Act 1957.

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Denise Brosnan

Partner - Operations Lead - Birmingham

I am a partner specialising in insurance law with a particular interest in local authority liabilities, novel and complex claims.