In May 1999, Mr Gulliksen was walking along a path on the estate when he caught his foot on the 3 cm-high lip of a manhole cover and fell, injuring his elbow. The council denied liability on the basis that the path was not a public highway but was provided for the use of tenants on the estate.
But the Appeal Court decided the path was a public highway because its purpose was to allow members of the public to get to houses on the estate. This meant the local highway authority was under a duty to maintain the path.
As the council, which was also the highway authority, could not show that it had taken all reasonable care to keep the path safe, it had to pay £3000 compensation.
Source
Housing Today
Reference
There are significant implications for local authorities in England and Wales, especially where the estate is owned by a different local authority or by a registered social landlord. They should clarify exactly which organisation is responsible for maintaining roads, pavements and paths.
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