Recent legal cases — Cycling accident

A cyclist had suffered head and spinal injuries after losing control of his bicycle and crashed into metal A cyclist had suffered head and spinal injuries after losing control of his bicycle and crashed into metal railings atop a low wall. The railings had broken on impact and the Claimant fell down a large drop on to a lower road.

The Claimant’s case was that the Defendant local authority owed him a duty to ensure that the railings were sufficient to cope with the potential impact. The Claim was made a common law, as at all times the surface of the road was sufficiently in repair. The normal position is that there is no duty at common law requiring a highway authority to make a road safer, but if in exercising its powers the highway authority creates a hazard it will be liable.

The allegation against the Defendant was characterised as one of an omission (to erect a suitable crash barrier) rather than the creation of a hazard and the claim was therefore dismissed. railings atop a low wall. The railings had broken on impact and the Claimant fell down a large drop on to a lower road.

The Claimant’s case was that the Defendant local authority owed him a duty to ensure that the railings were sufficient to cope with the potential impact. The Claim was made a common law, as at all times the surface of the road was sufficiently in repair. The normal position is that there is no duty at common law requiring a highway authority to make a road safer, but if in exercising its powers the highway authority creates a hazard it will be liable. The allegation against the Defendant was characterised as one of an omission (to erect a suitable crash barrier) rather than the creation of a hazard and the claim was therefore dismissed.