The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
A personal injury claimant who has been injured in an accident on a highway may claim that the maintenance, or the lack of it, of the highway itself was to blame for the accident. The types of accidents that may occur in this context include:
pedestrians tripping over uneven or broken paving stones
pedestrians falling into trenches or other highways works that are not sectioned off
motor vehicle collisions with other motor vehicles or stationary objects
cyclists being thrown off their cycle when going into a pothole or other defect
motor vehicles or pedestrians slipping on ice, snow, standing water, or gravel and loose debris
Section 328 of the Highways Act 1980 (HiA 1980) states that a highway is the whole or any part of a highway, other than a ferry or waterway, whether or not it passes over a bridge or through a tunnel. However this section fails to define what a highway is and as a result the common law is still important when determining whether the claimant has been injured on a 'highway'. At common law, a highway is a legal right: a way over which there existed a public right of passage. This definition has been described as 'uncontroversial [and] well-settled'.
Consequently, broadly speaking, the definition in the
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