Duty of Care

Fernquest v Swansea City and Council [2011] EWCA Civ 1712; 2 December 2011

The claimant drove from his home to a park and ride facility where he parked his car and took the park and ride bus to Swansea city centre. The defendant’s local authority had operated the park and ride scheme and had been the owner and occupier of the car park, but it had not operated the bus itself. Upon reaching his destination, the claimant alighted and took a few steps along the pavement when he slipped on ice. He fractured a bone in his left hand and tore the ligaments. He issued proceedings in the County Court against the authority. The claim was brought against the authority under s41(1)(a) of the Highways Act 1980 and in negligence on the basis of the authority’s role in the operation of the park and ride service. His claim under the Act failed. The judge found that the authority had adopted a proper scheme such that there had been no breach of its duty under s41 of that Act. However in respect of the negligence claim the judge concluded that it had not been in any way unfair, unjust or unreasonable to have expected the authority to warn passengers of the presence of the ice, and that, in failing to warn passengers, before they boarded the bus, of the icy conditions the authority had been in negligent breach of a duty of care owed to passengers.