Slip injuries on public paths: who is liable?

The judgment in the Appeal Case of Suffolk County Council v Lyall will cause some concern across the countryside.

Suffolk County Council had installed a wooden boardwalk over an existing right-of-way. In December 2020, Miss Lyall was walking along a footpath that was largely unpaved but at points featured wooden bridges over ditches and lengths of wooden boardwalk over boggy stretches. She slipped on one of the boardwalks and broke her left ankle. She alleged the cause of her fall was the build-up of slimy green mildew, as well as mud and damp fallen leaves.

The Court held that the duty to maintain under the Highways Act 1980 did not require them to clear the boardwalk of moss, algae, lichen, or similar vegetation. The Court did, however, conclude the local authority had a duty to consider specifying anti-slip measures as part of the initial construction of the boardwalk.

The damp and shady conditions meant the paths and boardwalks took longer to dry out and could become slippery. They had not carried out any initial risk assessment or considered why anti-slip measures had not been specified or installed from the outset.

The Court concluded that had the claimant slipped on wet mud or grass on the unmade-up footpath, she would not have had a case. Having installed the wooden boardwalk, the council should have foreseen the risk and should have installed anti-slip measures. Had they considered the risk and decided not to install any anti-slip measures, the claimant might have been in difficulty.

If you have suffered an injury because of a defect, you may be able to pursue a claim. Good photographs of the defect showing its depth and condition will be vital in proving it was dangerous. Evidence to prove how long it has been there will help. If it has already been reported, evidence of when and to whom it was reported would be vital.

How Forbes Solicitors Can Help You

If you’ve been injured due to a slip, trip, or fall caused by defects such as slippery boardwalks or unsafe footpaths, our experienced no win, no fee solicitors are ready to assess your case and advise on your chances of success. We offer nationwide support through telephone, video consultations, or at any of our UK offices. Our dedicated team aims to secure the maximum compensation for your injuries as quickly and efficiently as possible.

Contact our Personal Injury division today for expert advice and to discuss your claim.