Accidents on the highway

Accidents on the highway—duty to maintain?

A highway is a right of way over which the public have a right to pass. If the highway is maintainable at public expense the Highways Act 1980 (HiA 1980) imposes a statutory duty on the highway authority to maintain it. If the highway is not maintainable at public expense the claimant should look to the occupier of the land for damages (see: Occupiers' liability—overview).

The duty to maintain is limited to keeping the fabric of the highway in such good repair as to render its physical condition safe.

In order to succeed in a claim against a highway authority the claimant must prove that:

1. •

   the highway was in a dangerous condition and that the dangerous condition could reasonably have been anticipated from its use by members of the public

2. •

   the highway was dangerous because the highway authority failed to maintain or repair it

3. •

   the injury sustained by the claimant was caused by the dangerous