Bowes and others v Highland council

Negligence – Duty of care – Roads authority. Court of Session: In an action in which the relatives of a man who drowned after his vehicle collided with the parapet of a bridge and fell into the sea sought damages from the roads authority responsible for maintaining the bridge, the court found that the accident was caused by the defender's failure at common law to take reasonable care for the deceased's safety whilst crossing the bridge: the defender knew that the parapet was defective, the defective parapet constituted a hazard on the roads under its control, and the defender breached its duty to deal with that hazard by implementing interim measures until the parapet was replaced.

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