Ask a Law Question, Get an Answer ASAP!
Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat, replies will not be instant as a result. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.
Let me just review your query and I’ll come back to you with any points I need clarifying in order to be able to answer.
The Highways Act 1980 (“the Act”) is the legislation you need to look at. Within the Act, s.36 provides that a path can be a highway maintainable at the public expense if certain conditions are met. Local Authorities have a duty to maintain such highways. If they fail in that duty, s41 of the Act provides that they will be vulnerable to compensation claims if the public are injured tripping or slipping on that highway.
There is a helpful case, from 2019, Barlow v Wigan Council  EWHC 1546 (QB) that discussed these issues: https://www.judiciary.uk/wp-content/uploads/2020/06/Barlow-v-Wigan-MBC-Judgment.pdf
I hope that this is helpful?
I didn't hear from you again, but I trust that the information provided was of assistance.
Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.
Have a great day!