The question of liability if injury occurs to walkers is complex, and depends on the facts of each individual case.
As the surface of a public right of way is the responsibility of the highway authority, it is they who are responsible if injury occurs because the way is in disrepair. However, the highway authority may take action against the landowner if injury results from a failure of maintenance on the part of the landowner, such as an obstruction or overhanging vegetation.
Landowners have a duty of care to people who come onto their land by invitation, who are permitted to be there, and in some cases, to trespassers. However, there is no obligation on a landowner towards visitors who willingly accept risks. This could include climbing and mountain walking. A landowner may discharge a duty of care by warning of danger and discouraging people from taking risks. Warning notices should indicate both the danger, and where the liability lies, for example: “These cliffs are dangerous. Persons who climb on them or go near them must accept risks of injury to themselves and others”. For further information see ‘Managing Public Access’ (Countryside Commission 1994), and ‘Rights of Way’ (Riddall and Trevelyan 1992).
