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New liability for spillages on highways

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We act for a number of clients who suffers from slips, trips and falls on the highway.

A recent high court decision has changed the way in which local authority can be liable for certain items on the highway. Section 41 of the Highways Act has required that the local authorities maintained and repair defects that are in the fabric of the highway itself. However, the section does not require them to remove obstructions on the highway or surface lying materials.

The recent case shows that a local authority can be liable if the item contaminating the highway has become part of the fabric of the highway itself. The case of Thomas v Warwickshire CC [2011] involved a spillage of concrete onto the highway that had hardened and become stuck to the road and a cyclist crashed due to this spillage.

This case is important as spillages of concrete and tarmac are quite common and therefore this case extends what defects may be actionable and also it also extends what is constituted as the surface of the highway.

If you or anyone you know has suffered an injury as a result of a slip or trip on a highway, contact our specialist personal injury lawyers for immediate advice. Call Actons laywers free on 08081 355 355 or click here to start your claim now.

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