30 September, 2014
Forbes has successfully defended a claim on behalf of Cobalt Housing. The Claimant alleged that she tripped on her mother's driveway, owned by Cobalt Housing, in 2012. No complaint was made to the Defendant at the time of the accident. The Claimant told the court she had not noticed the defect before the accident despite being a frequent visitor to the address and so she had no idea how long the defect had been present.
It was alleged that the Claimant tripped on an exposed edge of a concrete fillet located at the edge of the driveway to the property and next to the footpath.
It was the Defendant's case that the defect was not located on its property and that the claim should have been re-directed to the relevant Local Authority.
The Court found that the defect was not the Defendant's responsibility and was not on the Defendant's land and they therefore had no authority to interfere with it. Furthermore, the Judge commented that there was no duty on the Defendant to make any report about it to the Local Authority. In the circumstances, there could not be a cause of action against the Defendant. The claim was therefore dismissed and the Defendant was awarded its costs.