Gritting in Housing Estate

Seanieke

My fiancee was in a car crah coming out of our private development housing estate this morning. Basicly she slid out from the housing estate enterance onto a public road infront of an oncoming car, She accepts liability for the crash but I'm wondering does the "Estate Management Company" have an obligation to grit the roads in the estate seeing as Management Fees are paid?

The crash occured at 9.15 am so unsociable hours for gritting wouldn't apply, also the council hadn't gritted the main road, but 5 minutes after the crash, arrived, shovelling sand, salt and grit all around the cars as the lay.

So have I a case against the "Estate Management" for undue care?

Thanks in advance for your replies'
Seán

seamus

That would depend on the contract that the management company (i.e. the owners of the housing estate, including you if you're an owner) has with the company who carries out the property management, if any. If that contract states that the property management company should grit the roads, then you bring a breach of contract case against the property management company (as distinct from the actual management company).

Basically, since it's a private estate, I very much doubt that you have any case because the "undue care" was that of your fianceé's - she did not drive in a manner that was appropriate for the conditions and entered the public roadway from a private road without giving way (even if she did slide out).

At best you have a case of nonfeasance, which is not actionable under Irish law. Basically, failing to take any action does not make a person or a company liable. The councils don't grit every single road and you cannot sue the council if you slide and crash on the ice.

Seanieke

Thats grand,
Thanks for your reply, just wanted to clear it in my head!

seamus

Oh and IANAL. Since you're no doubt going to be going through insurance, you could mention it to them and they could tell you for certain if you have a case.

Seanieke

Oh dont worry, I wont be taking anything said here into court!! It's just a curiousity.

The insurance company may well have mentioned something about this to her, I'm just digging myself,
Thanks again for your (speedy) reply.

McCrack

seamus wrote: »

That would depend on the contract that the management company (i.e. the owners of the housing estate, including you if you're an owner) has with the company who carries out the property management, if any. If that contract states that the property management company should grit the roads, then you bring a breach of contract case against the property management company (as distinct from the actual management company).

Basically, since it's a private estate, I very much doubt that you have any case because the "undue care" was that of your fianceé's - she did not drive in a manner that was appropriate for the conditions and entered the public roadway from a private road without giving way (even if she did slide out).

At best you have a case of nonfeasance, which is not actionable under Irish law. Basically, failing to take any action does not make a person or a company liable. The councils don't grit every single road and you cannot sue the council if you slide and crash on the ice.

Not strictly correct. Nonfeasance/misfeasance is not an absolute defence inthis country despite popular thought.

Anyway..OP rest assured the insurer of your partners car will seek out the management co. to recover their costs IF they are deemed negligent. Personally I wouldnt say its a runner. Absolute liability in my opinion could not attach to the mgmt co.

Again all the above is opinion and not to be taken as advice or fact.

seamus

McCrack wrote: »

Not strictly correct. Nonfeasance/misfeasance is not an absolute defence inthis country despite popular thought.

To be fair, nonfeasance and misfeasance are two very different things. Misfeasance is generally actionable, nonfeasance rarely is unless there was a contractual obligation which was not fulfilled.