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Can County Council be sued for car damage caused by lack of road surface +pothole?

  • 12-04-2011 5:42pm
    #1
    Water14
    Closed Accounts Posts: 30 ✭


    There is a town with appalling roads that the council seem to be constantly digging up for the last 18 months. There is 4 sets of bollards within a 50m distance.If one was driving through this town which has notoriously bad roads, and one's car was damaged by the lack of road surface and potholes. Can one sue the council and has anyone done it?


Comments

  • #2
    glic71rods46t0
    Closed Accounts Posts: 1,074 ✭✭✭glic71rods46t0


    Water14 wrote: »
    There is a town with appalling roads that the council seem to be constantly digging up for the last 18 months. There is 4 sets of bollards within a 50m distance.If one was driving through this town which has notoriously bad roads, and one's car was damaged by the lack of road surface and potholes. Can one sue the council and has anyone done it?
    Would depend on whether it was nonfeasance or misfeasance

    nonfeasance = neglect, the potholes occured due to wear and tear in the road and the council havent gotten around to fixing them - would be very difficult to sucessfully sue in these circumstances.
    Misfeasance = inappropriate action taken e.g. council repaired the road or potholes in a shoddy or less than adequate way - much easier to claim in these circumstances.
    Your post suggests that the council may be in the middle of the corrective action necessary - you mention the existence of bollards. I would suspect that an individual should be aware that the road is being repaired (albeit over a long period of time) and take corrective action to mitigate the risk of damage i.e. slow down on that stetch of road. I humbly suggest that in the circumstances briefly outlined that it would be too difficult to prove negligence and a judge would probably side with the council. My €0.02!

    I am not a solicitor though so please dont interpret above as legal advice


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