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FOIL Update – A local authority’s liability for a footpath in a park

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On 21 September 2014 the claimant was walking along a path in Abram Park, Wigan when she tripped over an exposed tree root and sustained injury to her shoulder and arm. A County Court Judge decided that the claimant had suffered injury as a result of tripping over the tree root on the path and that the tree root rendered the path "dangerous and defective". He then had to decide whether the defendant – which accepted that it was the Highway Authority in respect of the area – was liable for the defect on the pathway.

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