It is often difficult to establish what duty of care one person owes to another and will often depend on the individual case. It is important for landowners to be aware of their duty of care and it is advised that landowners take out public liability insurance.

Where a highway is maintained at public expense the highway authority has liability for users who are injured because the route is in disrepair. However, a highway authority can take action against a landowner who had created any source of danger or failed in their responsibilities towards maintaining the highway. Landowners can also be liable where the path is privately maintainable for example permissive paths or toll rides.