Two cases of cyclists in accidents with two different outcomes
- 16.11.2015
- JeremySmith
- None
Two recent cycling cases highlight how differently the law deals with accidents on the public highway compared to accidents on private land.
The first [1] is a very sad case where 18 year old Andrew Foulds lost control of his bicycle and crashed into metal railings fixed to the top of a low retaining wall. Part of the railings gave way and he fell down a large drop to another road below, suffering serious brain and spinal injuries. Two years later he tragically died for reasons unrelated to the accident.
His parents continued his claim against Devon Council for failing to ensure that the railings were strong enough. This was restricted to a claim in common law negligence as there was no failure to maintain the road surface itself.
The claim failed because the judge said that although the Council maintained the railings to provide some safety for pedestrians they never intended them to be a crash barrier for cyclists hitting them with some force.
In the second case [2], 68 year old Christopher Edwards was pushing his bicycle when he fell over the low parapet of an ornamental bridge. He sadly crushed part of his spine and is now confined to a wheelchair.
His claim succeeded because he was able to rely on the Occupier’s Liability Act 1957, which states that an occupier must take reasonable care to see that a visitor will be reasonably safe if using the premises. The judge said there was a risk of injury that the Council should have been identified and there should at least have been some warning of the danger, although he reduced Mr Edwards’ damages by 40% for not being careful enough himself when crossing the bridge.
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[1] Foulds v Devon County Council [2014]
[2] Edwards v London Borough of Sutton [2014] EWHC 4378 (QB)