Description
There had no breach of duty under Section 58 of Highways Act 1980 where the Claimant fell owing to a hole in the pavement. The particular pavement had been inspected once every 12 months. There was evidence before the court that the road surface had been in good repair in the 3 months preceding the accident but had been damaged owing to road works undertaken later. It was held that the hole in the pavement was not dangerous and in the event that it had been the local authority had done all that it could reasonably be expected to do to discharge its duty of care.
