Roads and Traffic Authority v Scroop

The High Court of Australia considered the appeal in *Roads and Traffic Authority v Scroop*. The dispute concerned the appellant's liability for injuries sustained by the respondent when his motorcycle collided with a concrete median strip on a public road. The respondent alleged negligence on the part of the appellant in the design, construction, and maintenance of the road.

The central legal issue before the High Court was whether the appellant owed a duty of care to road users in relation to the design and construction of a median strip, and if so, whether that duty had been breached. The court also had to consider the extent to which the appellant could rely on statutory immunity provisions in defending the claim.

The High Court affirmed that public authorities, such as the Roads and Traffic Authority, owe a duty of care to road users to take reasonable steps to avoid foreseeable risks of injury. This duty extends to the design and construction of roads, including median strips. The court found that the appellant had failed to establish that the design and construction of the median strip were not negligent, nor that the risk of a collision was not reasonably foreseeable. The statutory immunity provisions were held not to apply where the authority's actions or omissions were found to be negligent.

The High Court dismissed the appeal, upholding the decision of the lower court that the Roads and Traffic Authority was liable for the respondent's injuries.