Forum Replies Created
-
Posts
-
Local Authorities should be aware of the legal case of Yetkin v London Borough of Newham.
Key Point
The public authority are held liable for the failure to cut back bushes which created a danger of individuals crossing the road into oncoming traffic
Facts
Claimant was a pedestrian crossing a large road and was hit by an oncoming vehicle
The claimant alleged that the accident was due to the public authority failing to cut back bushes so that oncoming traffic could be seen
Held (Court of Appeal)
The public authority was held liable for negligence
Judgment
Through the creation of a danger the public authority owed a duty of care to users of the road
The claimant was contributorily negligent in their crossing the road but this did not prevent the duty of care arising on the part of the local authority
The bushes did not need to amount to a trap, it was sufficient that they created a danger.If there were a case of a driver crashing when exceeding the speed limit there could be claim against the Highway Authority for not cutting back bushes which had obscured a speed limit sign. This could be an insurance company wishing to mitigate the claim against their client by holding the Highway Authority partially liable.
Peter
I am absolutely NOT perplexed on limiting e-scooter speed. The “elephant” is not the limiting of e-scooters, but the not limiting of motor vehicles.
Best wishes
Rod
That’s quite a “slur” there Peter. I couldn’t find Bird listed in the members of the Corporate Partnership Board, but I could find a wide range of members from the auto and transport industry.
Your complaint really does seem rather obscure and based on just trying to taint a report that you don’t agree with.
Enough said?
Rod
It doesn’t directly answer your question but this may help if you haven’t already read it.
I suspect that the biggest variability across different cities and countries is their provision for active travel.
What perplexes me are calls for e-scooters to be speed-limited whilst permitting motor vehicles to be speed unlimited. A massive elephant in the room.
Hi Geoff
There are a number of updates to guidance and practice since 1999 so this is rather out of date. Currently 28 million people live in authorities where 20mph is, or soon will be, the norm. We have recently put together a document which helps local authorities understanding the best way to implement 20mph limits and this can be downloaded viewed online – COMMUNITIES WANT 20MPH: A BLUEPRINT FOR SUCCESSFUL DELIVERY
You may also find it useful to attend our one-day conference on 20mph limits – the new norm
This will feature authorities presenting on their 20mph results and plans including Oxfordshire, Cornwall, Scottish Borders and Wales.
I trust that this helps. You can also email me at rod.k@20splenty.org
Best wishes
Rod
