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Negligence – Duty of care – Roads authority. Court of Session: In an action in which the pursuer, who suffered injury when he was thrown from his bicycle as he cycled over a bridge, contended that the accident was caused by the presence of metal strips set into the road surface, the court held that the defenders were in breach of the common law duties they owed to the pursuer: the metal strips posed a hazard to road users; the pursuer was riding with due skill and care; and the hazard posed by the road at the bridge would have been apparent to a roads authority of ordinary competence using reasonable care, which would have taken steps to correct it.
Negligence – Duty of care – Roads authority. Court of Session: In an action in which the pursuer, who suffered injury when he was thrown from his bicycle as he cycled over a bridge, contended that the accident was caused by the presence of metal strips set into the road surface, the court held that the defenders were in breach of the common law duties they owed to the pursuer: the metal strips posed a hazard to road users; the pursuer was riding with due skill and care; and the hazard posed by the road at the bridge would have been apparent to a roads authority of ordinary competence using reasonable care, which would have taken steps to correct it.
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