MacDonald v Comhairle Nan Eilean Siar

Negligence – Duty of care – Local roads authority – Street lighting. Court of Session: In an action in which the pursuer, who suffered a broken ankle after losing his footing and falling when making his way home in the early morning, averred that the local roads authority knew or ought to have known that their failure to provide appropriate street lighting would cause him and others to be at risk of injury, and contended that lighting was on all night before his accident, no one had told him it was to be turned off and he was unaware of the defenders' change in lighting policy, the court concluded that the lights were not on all night prior to the accident and that in particular that they were off at 0115 at the latest, and it followed that neither the defender's policy itself nor its implementation could have caused any accident after 0200, whether there was a lack of consultation and notice or not.

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