UKTC Archive

RE: occupiers liability

Subject: RE: occupiers liability
From: John Flannigan
Date: Nov 25 2008 19:52:16
Paul said <<I think compensation is very justified in this case Martyn;  a
dodgy paving slab is very quantifiable hazard and cheap to put right>>

Well, I'm not so sure - if you are a highway authority you may have hundreds
of km of highway to look after and the reasonable view in that context is
that you cannot have someone look at every square metre continuously and
pavements do move. I can't remember its number off hand but there is a
section of the Highway Act specifically for this purpose. All the Highway
Authority has to do is to have a reasonable inspection regime in place. 

As much as I sympathise for people that have accidents on pavements this is
a very important example of reasonableness mentioned earlier by Jim.

John

-----Original Message-----
From: paul hughes [mailto:paul@xxxxxxxxxxxxxxxxxxxxx.co.uk] 
Sent: 25 November 2008 13:15
To: UK Tree Care
Subject: Re: occupiers liability


 but, if a person has their mobility significantly affected after such a 
fall, is compensation so out of order?

I also have two small children who fall over all the time.  I'm not bothered

about them, they bounce.

Topher


I think compensation is very justified in this case Martyn;  a dodgy paving 
slab is very quantifiable hazard and cheap to put right - given enough time 
chances are someone will trip on it in any weather, time of day etc;  not 
always so for an included fork on a beech thats stood for ever and a day.

paul 




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