Scottish Road Network Landslides Study - University of Glasgow

24
BACKGROUND
It is clear that the primary responsibility for the protection of a road lies with the roads
authority. However, liability may attach to third parties in certain circumstances, possibly,
for example, where an adjoining landowner has been negligent and damage to the road as a
result of that negligence is foreseeable. It would be necessary to carefully consider the
individual circumstances of any incident resulting in damage to a road to ascertain whether
any liability does attach to a third party. Where we are dealing with landslides caused solely
by torrential rain, it may be very difficult to show liability for damage resulting to a road
attaches to any third party.
Certain duties and liabilities relating to the protection of roads are currently imposed on third
parties. The Scottish Ministers could as a matter of policy impose further duties and liabilities.
However, such an imposition may have the effect of diluting the primary responsibility for
the protection of a road which currently lies with the roads authority and transferring it to
owners and occupiers of land adjoining roads. Such a policy may impact on land values and
the economy more generally, and this aspect would have to be taken into consideration when
formulating the policy.