In view of all you've said, I would do nothing. If you do anything by way of trying to repair it or whatever, and then someone trips over it or worse, it may be deemed by some legal chappie that you've assumed responsibility for it and are hence liable.
Have you though of asking on uk.legal?
Nothing for you to be concerned about. Not on your land, not serving your property.
The chavette just wanted someone to blame and shout at for her neglect of her brat and you were handy.
You/OH could put a cover over it to save someone an accident, but you'd be trespassing.
I'd just take some pictures and watch for a jetting crew, diggers, water board vans, etc., when the farm's toilets overflow or the fields turn back into a wetland.
;-)) Jim K
Responsibility will remain with whoever actually owns it. Any attempt to make it safe would not result in liability unless done negligently. It would not be a good idea just to cover the hole with a sheet of cardboard, for example.
Colin Bignell
And if it can't be established who owns it? Or if an owner is found and they claim that it was Sweetheart's action in attempting to repair the manhole cover that was responsible for the accident?
IANAL (are you?), but it seems to me that she can't go wrong if she does nothing, whereas doing something might, just might, land her in difficulties.
That does not change the fact that the duty of care remains with the owner. It simply complicates getting anything done about it.
The owner would need to prove that she owed the owner a duty of care, that she was in breach of that duty, that the breach of duty caused damage and that the damage was not too remote - the basis for a claim of negligence.
To establish a duty of care for personal injury or property damage, the case has to meet the Caparo test. For that, it would be necessary to prove that the harm was reasonably foreseeable, that she had a sufficiently close relationship to the claimant (who was unknown at the time of her actions, so this is improbable) and that it was reasonable to impose on her a duty of care.
Provided she did not act negligently, it won't. This matter has been discussed frequently and at length on the legal newsgroups, usually around the time that we get ice or snow and somebody pops up claiming that they can't clear their path for fear of being held responsible if there is an accident. It is a common misconception.
Colin Bignell
Interesting, and thank you. I hope Sweetheart's mind is put a rest.
In message , sweetheart writes
Surprise surprise
There was some change in the law fairly recently regarding responsibility for shared drains. Didn't file it away as it didn't apply to me. Water companies have greater liability than previously SO I would start with them.
In message , sweetheart writes
Put it in writing to Parish Council, informing them of the problem and telling them you believe it to be their responsibility - no ifs buts or maybes.
Similarly to your local water company.
Puts the ball in their court until at least they reply in the negative.
At that point it's very likely the OP would become liable if someone sustained damage from the cover or its subsequent movement leaving the hole exposed.
I suggest she posts this uk uk.legal.moderated.
An update.
I haven't complained or written or anything. So, its not me. Might be loud mouth, I don't know.
Yesterday a cone , one of those orange and white things you see when they are repairing roads appeared by the drain.
However, it didn't stay there long and now its on the corner entrance to the lane. Someone moved it.
I guess the cone was the councils response to the hazard? Moving it a farmers response to the obstacle?
As I have explained in some detail elsewhere in this thread, she would be liable only if her actions could be shown to be negligent and any subsequent harm was reasonably foreseeable as a result of her actions.
Colin Bignell
And as I have suggested she could cover all bases by notifying her parish council in writing (or e-mail) of the existence of the hazard.
and what could the Parish Council do about it? (I write as a Parish Councillor.)
PROBABLY make enquiries of the county/borough council as to who owns it.
On Thursday 18 July 2013 13:26 The Natural Philosopher wrote in uk.d-i-y:
Doesn't the Land Registry website have a searchable map?
It may be all pre-registration, but you never know...
Local authorities have powers to intervene in some cases, typically a dange rous structure, an unstable building or a leaning wall. They could make the owners of such things pay for their demolition or stabilisation. I've no idea what statute gives them such powers.
Whether it also applies to a hole in a privately owned road, or whether pa rish councils have such powers, I've no idea, but since it's a public footp ath, it's forseeable that a member of the public will wind up in the hole. I might try a local authority citing dangerous structures (which it is). Th ey certainly moved rapidly on the one occasion I did ring them (a concrete drop-in panel fence, on which one post was leaning, so the panels were supp orted on one side; next to a school).
I'd expect *my* parish councillor to know who to ask.
The County Council Highways Department would be the right people to tell about a hazard on a public footpath.
Colin Bignell
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