The Accident Compensation Specialists UK    

PL insurers given boost by court win

02/08/2007

The potential for claims brought against councils for accidents on icy roads was reduced this week after a court found winter maintenance plans were reasonable.

The Rhiannon Pace vs City & County of Swansea case at Swansea County Court ruled in favour of the local authority after the claimant had accused it of negligence when her vehicle hit a patch of ice in January 2004 – which caused the car to skid and overturn.

Swansea City Council said it had a winter maintenance policy in place and had gritted the area concerned the night before the incident happened with a spread rate of 10 grams per square meter.

Recorder Andrew Keyser said the authority had complied with its statutory duty under Section 41 (1A) of the Highways Act (1980), which states: “The highway authority is under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice”.

Lisa Salkfeld of Dolmans Solicitors, who won the case for the authority, believed it has far-reaching implications for public liability claims.

She said: “This is clearly an important decision for the City & County of Swansea as it confirms that its winter maintenance plan, on the facts of this case, is reasonable.

“The case also has wider implications for other authorities as it confirms that having ice on a highway or carriageway is not in itself evidence that a plan has failed.”

Ms Salkfeld continued: “Another key issue in this case was that the council’s salt supplies were left outside, like most councils do. The ruling means this practise is also reasonable.

“It also appreciated that local authorities are bound by monetary and environmental factors when it comes to spreading grit.”