A plainly visible step of 25mm in a footpath is not, as a general rule, correctly regarded as high risk or unacceptable risk, and a council's failure to detect and eliminate such a step is not, as a general rule, negligent. Where expert evidence on causation does not differentiate between competing possible causes of subsidence, a primary judge's finding that the plaintiff has not discharged the burden of proof on causation will not be disturbed on appeal.
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