Zurich Insurance Company Ltd, Chloe Jenkins of BLM and Jack Harding of 1 Chancery Lane Chambers have successfully defended a claim against the Yorkshire Dales National Park Authority and North Yorkshire County Council brought by a claimant who fell whilst crossing a set of stepping stones in the River Cover in the Yorkshire Dales National Park.
This is a useful example of the courts limiting the scope and extent of the duty owed by defendants under the Highways Act 1980 and for misfeasance in the context of activities in rural landscapes. Recorder Barnett found “the standard of vigilance expected from hill walkers and others, has to be adapted to the conditions, the social utility and the degree to which the user is familiar with the hazard.”
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