Lavis v Kent County Council
| Jurisdiction | England & Wales |
| Judgment Date | 24 November 1994 |
| Date | 24 November 1994 |
| Court | Queen's Bench Division |
Queen's Bench Division
Negligence - failure to erect road signs
Where it was a matter of discretion for a highway authority whether to erect road signs, a decision not to do so or a failure to consider doing so did not establish negligence unless the court was satisfied on a balance of probabilities that a competent road engineer, exercising reasonable care and skill, would have directed that the signs be placed on the road, and that absence of the signs caused or was a contributory cause of the plaintiff's accident.
Judge Previte, QC, sitting as a judge of the Queen's Bench Division, so held on November 8 when giving judgment for Kent County Council and holding that the plaintiff, Mr Martin Lavis, was wholly responsible for his accident and consequent injuries, in an action in negligence and/or breach of statutory...
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