Diesel Oil Causes Motorcycle Fatal Accident Claim

This fatal accident compensation claim brought by the Deceased Dependants arose when the motorcycle skidded on gravel causing the cyclist to be thrown on to the road surface.  He died suffering from a subdural haematoma.

The fatal accident claims solicitors brought a claim against the Local Highways Authority (In London) stating that they had a duty of care and were responsible for the maintenance and cleaning of the road.”  They also alleged breach of duty under s 41 of the Highways Act 1980. This provides a legal duty for the Highways Authority to maintain the road and pathways.

The Authority argued that at common law and under statute the duty of care did not extend to a duty to remove surface lying material, such as spillages or stones.

The fatal accident claim solicitors lost the case and appeal but the Court of Appeal found in favour of the Authority.  The Court was of the view that the large volume of material built up on the surface of the road was part of its fabric…and thus had no duty of care to remove the obstruction.  The same could be said with oil spillages.

However every case will be decided on its own particular facts and if you have been injured due to an oil spillage please contact us for advice.

Social Media

Know someone who needs our help? Share now: