Q&As

Can you direct me to any case law regarding road traffic accidents being caused by mud deposits on the road?

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Published on LexisPSL on 19/09/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Can you direct me to any case law regarding road traffic accidents being caused by mud deposits on the road?

If the highway is maintainable at public expense, the relevant highway authority is under a duty to maintain it. The duty to maintain highways, set out under section 41 of the Highways Act 1980 (HiA 1980), is owed to all members of the public using the highway for passage and includes:

  1. repair of defects (commonly involving a surface that is disrupted or disturbed). This has been described as a duty to maintain 'the fabric of the road including its sub structure such as its drains' (see Goodes v East Sussex C

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