Who could be liable for a car driving into a reservoir?

  • FOIL

This appeal raised issues about whether claims: (1) under the Occupiers' Liability Act 1984 ("the 1984 Act") against occupiers of land adjoining a highway; and (2) against the relevant highway authority; arising from a serious road traffic accident were reasonable causes of action or had a real prospect of success. The deceased was driving her car on a highway which was subject to the national speed limit of 60 mph. The highway bordered a reservoir. Mrs Brown's car left her lane, crossed the other oncoming lane and a grass verge, went through a wire fence on the verge, and then went down a stone-faced bank into the reservoir where the car was submerged. Mrs Brown was drowned.


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