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Comment by supernova87a | Hacker News Reader

By the way, I wonder if there is something about liability in English law that enables this to continue to stay open and posted as a path?

I would imagine that in the US, liability would quickly force local government / whoever to take down the signposts, as they "entice" people to think there is a safe, established path and should risk their lives and are probably somewhat liable for the result.

I guess there aren't many places like this in the US, so it's hard to say whether there's a similar case. Maybe the Grand Canyon or something. Or off-slope skiing.

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Historical British footpaths do actually have legal protections. Rights of way[0] belong to the people and are public property. Here's a Tom Scott talking about it (kinda)[1]

[0]: https://www.wikiwand.com/en/Rights_of_way_in_England_and_Wal... [1]: https://www.youtube.com/watch?v=3dYc0Ouxhx0

Rights of way are legally protected, but are not necessarily public property. Footpaths and bridleways often cross privately owned land, especially in rural areas.

My last house came with two separate titles: one for the house and grounds, and one for just the footpath that lead up to and past it. I had literal nightmares when selling it that one the day of exchange the buyer would refuse to take the footpath title, leading to me being in a different country but legally having to maintain the passability of a footpath back in the UK.

The UK foreshore is owned by the Crown, except for some cases where it has been sold off. These are the minority though. If anyone else owns this it's likely to be the Ministry of Defence.

I would guess this particular path into the sea doesn't need a lot of legalese about it.

Natural features of the land do not, in general, create liability.

Besides which states can't be sued except where their own laws allow it. Lawsuits over riptides on beaches or falling off the edge of mountains are not successful.

There has also been a crackdown by state legislatures over high-risk activity suits and injury during commission of a crime suits. In most states you can't sue the slopes/resort for breaking your leg while skiing, nor can a burglar sue a property owner for any reason whatsoever (because the injury occurred during the commission of a felony).

AFAIK the federal government also doesn't permit lawsuits over injuries in national parks or other such wilderness areas - not that you're likely to succeed. You knew or should have known hiking on the edge of the Grand Canyon is a high risk activity.

There are areas in the US--e.g. on the Lost Coast of California--where you can be trapped by tides.

I'm not sure I agree in general though. There are tons of places in the US where you have hard to follow trails (and even roads) that aren't really maintained--especially in certain seasons.

About one tourist a week dies in Hawaii doing touristy stuff. Mostly snorkeling, but occasionally hiking or climbing on rocks near the ocean. My recollection was that in Maui there was a mix of dangerous areas with warning signs and dangerous areas with no signage at all.

https://www.civilbeat.org/2016/01/death-in-paradise-is-all-t...

Stairway to heaven in Oahu is a stunning trail, but forbidden since it’s dangerous and not mainteined due to high costs.

It’s covered in TFA - the warning signs be passed at the start exonerate the landowner from any liability. Common to see this kind of thing at gates to farm land and such.

EDIT I’m not English. In Ireland we have a similar legal system and under the “occupier’s liability act” I believe it’s called, once you display these signs prominently you are off the hook. Obviously, I am not a lawyer and this is merely my hazy take on things.

Cancelling a public right of way is not easy. If it were, most of them would have disappeared years ago because land owners don't usually appreciate them being there. By the sound of it, the current signage is hardly enticing. But it's an interesting question whether someone might potentially be liable.

Can disuse cause a public right of way to cease existing in the UK?

No.

But the government are trying to get all rights of ways registered on a definitive register by 2026. If it isn't on the list, it won't be recognised as such.

There is a high likelihood that a lot of customary rights of ways will miss the deadline.

https://www.theguardian.com/environment/2015/dec/25/countdow...

This sounds rather important. I hope that draft versions of this definitive register will be published online so that the general public can easily check for omissions.

The reverse is true though. If a non-right of way is used as one for long enough then it can be designated as one. This is why landowners instead designate them as permissive paths and close them for one day per year.

I’m not sure it’s entirely heightened US liability. I’ve been to a few places in the US (New Mexico Pueblos) where there is a serious risk of falling, yet no signs at all.

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