In law, for a claim against a highway authority to succeed, it is necessary for the claimant to prove that:
- the highway in question has not been maintained appropriately with regard to its importance and use and was therefore dangerous
- this was the direct cause of their accident
If these can be proved, then it is for the highway authority to demonstrate that it took all reasonable steps to ensure the highway was safe.
In practice, this means that all inspections and repairs carried out form the basis of the authority’s statutory defence against any claim under the Highways Act 1980.
From past experience, the majority of highway claims against Cambridgeshire County Council have been successfully defended.