Adamson v DRD [2010] NIQB 136 (15 December 2010)

The defendant failed to take reasonable care as the foreseeable danger from cracked flagstones was not adequately addressed, and the statutory defence was not made out.

Citation: [2010] NIQB 136
Parties: Plaintiff: Colin Adamson; Defendant: DRD
Jurisdiction: Northern Ireland
Judgment Date: 15 December 2010
Procedural Posture: Personal Injury Claim / Judgment
Outcome: Judgment for the plaintiff
Legal Topics: Occupier's Liability, Negligence, Public Authority Liability

Tort Law Personal Injury Occupier's Liability Negligence Public Authority Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Adamson

Plaintiff

DRD

Defendant

Procedural Posture

Personal Injury Claim / Judgment

Legal Issues

1 Whether the defendant breached its duty of care in maintaining the steps forming part of the adopted footpath
2 Whether the defendant could rely on the statutory defence under article 8 of the Roads (Northern Ireland) Order 1993

Ratio Decidendi

The defendant failed to take reasonable care as the foreseeable danger from cracked flagstones was not adequately addressed, and the statutory defence was not made out.

Court Disposition

Judgment for the plaintiff

Orders

Award of £35,000 in damages
Interest at 2% from the date of issue of the writ