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 by a LexisNexis PI & Clinical Negligence expert
Published on: 19 September 2018
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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

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United Kingdom
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