Fernquest v City and County of Swansea
On the 2nd December 2011 the Court of Appeal
gave judgement on an appeal that was brought by the City and County of Swansea
following an earlier ruling against them.
The Claimant had brought a claim against the Defendant following
an accident where he slipped on ice that lay on a Council owned
path. The Claimant had been a passenger on a Council run Park and Ride
Bus. Upon reaching his stop the Claimant had stepped off the bus and upon
doing so slipped on a patch of ice that lay on the pavement next to the bus
stop. The Claimant fractured his wrist and subsequently sued the Council,
arguing that they had failed in their duty to keep the paths safe and also that
they (specifically the Park and Ride operators) had failed to warn him of the
ice on the path. In evidence it emerged that approximately an hour prior
to the accident one of the Defendants bus drivers had called the relevant
Council department and warned them of the ice in the area where the Claimant
fell. However no action was taken by the Council to grit or clear the
area, the reason being that due to the severe weather that day the Council did
not have adequate resources to attend on the reported area. In his
verdict the Judge agreed that the Council were liable in common law as
co-operator of the park and ride service for a failure to warn of a known hazard
near one of the bus stops. The Council were not
found to be in breach of their duties under the Highways Act. The Council
appealed the decision.
Following consideration of the matter the Court of Appeal upheld
the appeal and dismissed the Claimants claim. The Appeal Judges held that
there was no justification to find that the operators of the Buses were under a
duty to warn their passengers that there was ice near to their bus stops and
that to do so would place too high a burden upon Councils and Bus Operators.
Counsel for Swansea - Tim Petts
