113Special nonfeasance protection in relation to roads etc

113 Special nonfeasance protection in relation to roads etc (1) A public or other authority is not liable in a proceeding for harm arising from a failure of the authority to maintain, repair or renew a road, or to consider maintaining, repairing or renewing a road, unless at the time of the claimed failure the authority knew, or ought reasonably to have had known, of the particular risk the materialisation of which resulted in the harm. (2) This section does not operate— (a) to create a duty of care in relation to a risk only because the authority has actual knowledge of the risk; or (b) to affect any standard of care that would otherwise apply in relation to a risk. road means a street, road, lane, cyclepath, footpath or paved area that is open to, or used by, the public.