Defective Highway Claims: A Road to Nowhere, in Jersey at least!
In a recent interview with ITV Channel News, I discussed the fact that in Jersey there is currently no remedy available for those who are injured as a result of defects on the highway. In this article I explore why that is the case.
Introduction
You might assume that if you trip over a pothole, or a raised paving slab in Jersey, and injure yourself, you are entitled to claim compensation from the Government, or Parish responsible for the road; unfortunately you would be wrong.
Unlike the UK and many other jurisdictions, the law of Jersey does not confer a private right of action to claim damages on individuals who suffer injuries as a result of defects on the highways.
This was made clear by the Royal Court in Dobson v Public Services Committee [2003 JLR 446]. In Dobson, the plaintiff tripped on a loose paving slab and suffered injury. He subsequently issued a claim against the Public Services Committee (the government organisation that was responsible for maintaining the particular road on which he fell) for damages, on the basis that its failure to maintain the paving slab caused him injury and loss. Unfortunately, his claim failed.
The Duty to Maintain
In Jersey, the Loi (1914) sur la Voirie (the “1914 Loi”) imposes statutory duties to maintain the Island’s roads. The Government is responsible for roads designated as “Main Roads” (or “Grandes Routes”) and the Parishes are responsible for all other roads (“Chemin Vicinaux”) that lie within the borders of the particular Parish.
In each case, the Government and the Parishes are responsible for the costs associated with the construction and maintenance of the highways which fall within their remit.
The Royal Court’s Decision
In Dobson the Royal Court held that whilst the terms of the 1914 Loi imposed statutory duties to maintain the Island’s highways, there was nothing in the terms of the 1914 Loi which created a statutory right which allowed members of the public to sue the Government, or the Parishes, for any loss, injury, or damage that might arise from its failure to discharge that duty.
The Court held, with reference to English case law, that a civil remedy (e.g. damages) for breach of a statutory duty was only available where the duty was imposed for the protection of a limited class of the public and where it was clear that the legislature had intended to create a private right of action. That was not the case in relation to the statutory duties imposed by the 1914 Loi.
The Court also rejected the idea that the States had a tortious duty under the law of negligence.
The Court’s decision was clearly founded on public policy considerations, most notably the significant adverse impact on the public purse that would flow from an increase in the number of claims that would be brought against the Government and/or the Parishes for such accidents.
Other Jurisdictions
Jersey’s position is unusual. In England and Wales, it is possible to claim compensation from the relevant highways authority where injury or loss occurs as a result of a defect in the highway.
However, such claims may be defended by the UK highways authorities if it can be shown that it took reasonable steps to maintain the highway.
Calls for Reform
Over the years there have been calls for legislative changes which would enable claims to be brought for such accidents. For example, in 2011 a proposition was lodged with the States Greffe to consider such changes but that proposition was ultimately rejected.
Accordingly, as of 2025, no changes have been made, and the rule from the Dobson case still applies.
Recently, accidents involving potholes have reignited the debate and it would appear that the question is likely to be put to a public consultation in due course.
Summary
If you suffer an injury in Jersey because of a defective road, or pavement, you currently have no legal right to claim compensation, even if the Government or Parish failed to discharge its duty to maintain the area properly. This position will remain unchanged until legislative changes are enacted. The situation will be different however, if the road or pavement is on private land. It is therefore important that you identify whether the land where the accident occurs is private, or not.
Related
ITV interview with George Pearce