Description
The Claimant failed to establish a breach of a duty of care by the Defendant when he slipped on a footpath and sustained injury to his shoulder. The Claimant slipped as he stepped from the pavement onto a forecourt. It was held that the difference between the forecourt and the footpath was something which the Claimant ought to have known about. The Claimant also knew that road works were being undertaken on the footpath. He ought to have been aware of what was an obvious risk and there was no obligation on the local authority to have posted a warning.