26-01-2017, 10:27 PM
11
Re: pedestrian accident on unadopted highway/private road
Originally Posted by realspeed
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How do you define whose fault?Was it hers for walking down an unadopted road, or the road frontage properties not maintaining the unadopted road for which they are responsible to a reasonable standard, for pedestrians and vehicles to have a safe passage?
I have not seen the place where it happened yet so can't comment, but I have been asked to take photos which I will do tomorrow hopefully.
have quickly looked through the legislation it does admit the law is a minefield even for solicitors and each case has to be considered on its merits
All I have advised her to do is to notify the county council of the accident with relevent details.
Then it is up to the county council if they want to investigate further
there is no whose right or who is wrong there are arguements on both sides
26-01-2017, 10:34 PM
12
Re: pedestrian accident on unadopted highway/private road
Originally Posted by realspeed
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MorticiaYou are correct in what you say as in my original post.
JBR
trespass laws are not what most think from what I understand anyway. Trespass only occurs if damage has been done to the property, like forcing a locked gate open.
Anything else comes under intruder again not lawful but slightly different
Am I a cynic? I do understand that the police, like healthcare staff, these days are understaffed and under pressure.
26-01-2017, 10:39 PM
13
Re: pedestrian accident on unadopted highway/private road
Originally Posted by realspeed
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MorticiaYou are correct in what you say as in my original post.
JBR
trespass laws are not what most think from what I understand anyway. Trespass only occurs if damage has been done to the property, like forcing a locked gate open.
Anything else comes under intruder again not lawful but slightly different
This tort is actionable per se without the need to prove damage.
By contrast, nuisance is an indirect interference with another's use and enjoyment of land, and normally requires proof of damage to be actionable.
THE WAYS IN WHICH TRESPASS MAY OCCUR
1. Entering upon land
Walking onto land without permission, or refusing to leave when permission has been withdrawn, or throwing objects onto land are all example of trespass to land. For example, see Basely v Clarkson (1681) 3 Lev 37
26-01-2017, 10:45 PM
14
Re: pedestrian accident on unadopted highway/private road
Rehab44I leave it up to you to draw your own conclusions.
You last post clarifies trespass laws as they were in 1681
Now it is under the latest law
Trespass to land involves the "unjustifiable interference with land which is in the immediate and exclusive possession of another";[6] it is both a tort and, in certain circumstances, a crime under the Criminal Justice and Public Order Act 1994. It is not necessary to prove that harm was suffered to bring a claim, and is instead actionable per se. While most trespasses to land are intentional, the courts have decided that it could also be committed negligently. Accidental trespass also incurs liability.
The key words ared "unjustifiable interference " or in plain english can mean damage to property
26-01-2017, 10:56 PM
15
Re: pedestrian accident on unadopted highway/private road
Originally Posted by Realspeed
a friend of mine this week fell and broke her wrist on an unadopted road
Did they trip on something? If so what?
Did they walk into a hole?
How does compensation help ? Why are you looking for money?
26-01-2017, 10:58 PM
16
Re: pedestrian accident on unadopted highway/private road
Originally Posted by Realist
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You haven't explained how this person broke their wrist.Did they trip on something? If so what?
Did they walk into a hole?
How does compensation help ? Why are you looking for money?
26-01-2017, 11:10 PM
17
Re: pedestrian accident on unadopted highway/private road
Originally Posted by realspeed
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Sorry but I am not prepared to answer any more of your questions
26-01-2017, 11:26 PM
18
Re: pedestrian accident on unadopted highway/private road
Originally Posted by JBR
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That's up to you, of course, but I must say that Realist has asked a reasonable question that I think most of us would be interested to hear.
On many forums there are members who enjoy baiting others and seem to get some kind of kick doing so.
Maybe it is because these people have a very sad life with no other interests, I don't know.
The best way I have found after trying to explain or answer is eventually to ignore them which must leave them very frustrated, but that is their problem not mine.
I am a member of several internet forums covering a wide range of topics to keep my mind active and not get stale and fixated as these people do.
26-01-2017, 11:31 PM
20
Re: pedestrian accident on unadopted highway/private road
I can understand Realspeed not wanting to say too much ..but I was just about to ask if his friend with the broken wrist had tripped due to a pothole , can't have been an uneven pavement slab as unadopted roads don't generally have pavements and kerbs.I shan't ask now.
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