In the case of Rollinson v Dudley MBC  Mr Rollinson brought a claim for damages for personal injury against the highway authority (the Council) after slipping on a patch of moss on the footpath outside his home.
Rollinson claimed the Council was in breach of its statutory duty to keep the footpath free from moss and algae under section 41(1) of the Highways Act 1980. At the first hearing, the Council was found to have broken its duty but the Council appealed on the grounds that the judge had misinterpreted the extent of the duty in section 41(1).
At the Appeal hearing, the High Court found that the duty to maintain the highway imposed on the Council by section 41(1) did not extend to taking steps to prevent the formation of moss on the surface of the highway or removing moss from the surface of the highway.
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