Running Highway Claims s.41 Duty and s.58 Defence

Personal injury claims arising from highway defects can be complex, particularly when navigating the legal responsibilities of local authorities and contractors. Understanding the duties owed under the law, and how those duties may have been breached is essential when pursuing a claim.

This webinar will provide a clear and practical overview of the Highways Act, including the obligations placed on highway authorities under Section 41 and the defences they may rely on under Section 58. It will also explore what legally constitutes a highway, common hazards such as potholes, ice, and snow, and how evidence is gathered and assessed.

Top 3 takeaways from the webinar:

• Highway authorities have a legal duty to maintain roads and footpaths, but proving a breach of that duty is key to a successful claim.
• The most common defence (Section 58) relies on showing a reasonable system of inspection and maintenance—this can often be challenged with the right evidence.
• Strong evidence, including photographs, incident details, and maintenance records, is crucial to establishing liability and maximising the chances of success.
  

Who this is for:

This webinar is a must-watch for anyone working within Personal Injury.

Level of expertise:

All Levels – this can be picked up throughout anyones professional career regardless of experience

CPD hours:

This webinar provides you with 1.5 hours of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning objectives:

Attendees will gain valuable insights into how to build a strong claim and challenge common defences effectively.

• Overview of local authority duties under the Highways Act
• Explanation of S.41 Highways Act duty to maintain highways
• Circumstances constituting a breach
• Case examples of breaches leading to PI claims Explanation of the S.58 defence (“reasonable care” defence)
• Requirements of the Defence
• Latest legal developments and case law
• Types of evidence used to support the defence
• Definition of “highway” under the Act
• Distinguishing public vs private highways
• Implications for liability and claims
• Distinction between public and private highways
• Legal implications for injuries occurring on highways