The UK Supreme Court has delivered a landmark ruling, dismissing an appeal from a Kirkcaldy man who sought compensation from Dundee City Council for an injury caused by a pothole. The decision reinforces the high legal threshold for holding local authorities directly liable for road defects.
The case centred on an incident where the appellant, Mr. Triece, suffered a serious knee injury after stepping into a pothole on a Dundee road in 2019. He argued that the council was responsible for maintaining the highway and that its failure to do so led directly to his accident.
A Question of Legal Responsibility
In a unanimous decision, the five justices found that the claimant had not successfully demonstrated that the pothole was a "foreseeable source of danger" to pedestrians, a crucial requirement under the Roads (Scotland) Act 1984. The court ruled that the council's system for inspecting and repairing roads was reasonable and met its statutory obligations.
Lord Hodge, delivering the judgment, stated: "The appellant needed to show that the pothole presented a real source of danger, which was not merely trivial, and that the authority had failed to take reasonable steps to address it. On the evidence, he did not cross that threshold."
Implications for Future Claims
This ruling sets a significant precedent, making it more challenging for individuals to bring successful claims against councils for trips and slips on public highways. It underscores that the mere existence of a pothole does not automatically equate to liability for the local authority.
Legal experts suggest the judgment will be welcomed by cash-strapped councils across the UK, as it provides a robust defence against a potential flood of similar claims. It clarifies that claimants must provide compelling evidence of both a significant danger and a clear failure in the council's maintenance regime.
For residents of Kirkcaldy, Dundee, and beyond, the ruling highlights the complexities of public liability law and the challenges in seeking redress for injuries sustained on council-maintained land.
