Appeal rules in Derby’s favour in footway fall case

24 April 2008

Derby City Council has successfully appealed against a court decision which labelled it responsible for a footway fall.

The ruling, from the civil appeal court, could have far-reaching implications for highways authorities, as it was feared councils would have to spend vast sums increasing footway inspections to avoid similar claims.

Carol Harrison, 63, from Derby, originally won her claim against the city council last year, after she fell badly, injuring her wrist. She claimed the council's twice-yearly inspections were not sufficient, but the council appealed on grounds it had taken reasonable care to make sure paths were not dangerous.

Master of the rolls, Sir Anthony Clarke, said Derby could not have been expected to inspect the city’s pavements any more than it already did and overruled the decision.

Derby’s maintenance manager, John Edgar, said officers were delighted with the ruling. ‘I’m sure that other highway authorities will be relieved with the outcome,’ he said. ‘Had the appeal not been successful, we would definitely have had to reconsider our inspection regime and procedures, undoubtedly leading to an increase in inspection costs at a time when there is considerable pressure on reactive maintenance budgets.’

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Appeal rules in Derby’s favour in footway fall case

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