Deposits or obstructions on the road or pavement

This is a very wide and all-encompassing area of road traffic accidents.  Put simply, if you allow something to be deposited on the road or pavement which creates a hazard and it causes an accident you are liable.

The most crucial decision in this area was the 1941 case of Dolman v Hillman.  An accident was caused by pork fat on the highway which was traced back to a local butchers.  The Court of Appeal confirmed that the butcher was liable for the injury sustained in that he either deposited the pork fat on the highway or allowed someone else to take it from his shop and deposit it.

The liability extends to anything you dropped on the highway.  This includes debris from an accident or anything else that falls off a vehicle.  If the person who dropped it cannot be identified but it can be established that a vehicle dropped it there is likely to be a claim against the MIB.

If mud is dropped on the highway the person who dropped it is liable if it causes an accident.  This would cover tractors coming out of fields or lorries coming out of building sites.  Where the mud is washed onto the road or pavement and the highway authority were aware of the problem they may be liable if they did not take adequate steps to deal with it.

The law is less clear for use of such items as hosepipes and electrical cable son the highway.  What if you are washing your car and someone trips over your hosepipe?  The law is that where the use was reasonable there is no liability.

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