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If water from a garden makes ice on the road, is the garden owner liable for a car crash?

27 replies

StarInTheHeavens · 17/01/2023 19:08

I walked past a garden today that had drainage holes at the bottom of a brick retaining wall for land drainage. I believe this is normal construction. However, a fair bit of water had seeped out and formed a really lethal ice patch about 6ft wide across the full width of the road - just before where the side road meets the main road. If you were driving and you slowed to pause to look along the main road, I don't doubt the car would slide. If this happened and you crashed with the main road traffic, could the garden owner be liable?

If water from a garden makes ice on the road, is the garden owner liable for a car crash?
OP posts:
drpet49 · 26/01/2023 10:39

Nanatokidsdogshampsters · 17/01/2023 22:28

Any water being discharged onto the public footpath or road which then freezes
and an accident happens it's the home owner will be liable.
As it's illegal to discharge water from a private residence onto the public highways.
The same reason farmers need to make sure the ditches are not blocked.

This. Landowner will be held responsible. This needs reporting to the council as it is vert dangerous.

CrimeQueen · 26/01/2023 10:46

Yes they would be liable. Rule established in Rylands v Fletcher

If water from a garden makes ice on the road, is the garden owner liable for a car crash?
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