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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 17 August 1961 - onwards

60. Liability of road authority for failure to maintain public road.

(1) A road authority shall be liable for damage caused as a result of their failure to maintain adequately a public road.

(2) In proceedings under this section, it shall be a defence for the road authority to prove that -

(a) they had given sufficient warning that the road was a danger to traffic, or

(b) they had taken reasonable precautions to secure that the road was not a danger to traffic, or

(c) they had not a reasonable opportunity to give such warning or take such precautions, or

(d) the damage resulted from a wrong committed by any person other than the road authority.

(3) In determining whether a road was adequately maintained, regard shall be had in particular to -

(a) the construction of the road and the standard of maintenance appropriate to a road of such construction,

(b) the traffic using the road,

(c) the condition in which a reasonable person would have expected to find the road.