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Liability and Estates being taken over by the Council

  • 05-07-2012 3:16pm
    #1
    Das Kitty
    Moderators, Arts Moderators Posts: 17,231 Mod ✭✭✭✭


    I was wondering if anyone can shed some light on this?

    If an estate is taken over by the council, (maintenance of the roads, footpaths, drains etc.) and at some point before this a resident of the estate altered something (for instance the footpath outside of their house, sinking it lower so that they can park in their driveway without damaging their car).

    If there was an accident, would the liability lie with the council, having inspected the estate after the work was complete, or with the person who altered the footpath?

    The footpath in the example is altered to proper regulatory standards.


Comments

  • #2
    Corkblowin
    Registered Users, Registered Users 2 Posts: 622 ✭✭✭Corkblowin


    I don't understand why either party would be liable if the construction is built to the proper standards?


  • #3
    McCrack
    Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    Probably both, in practice one would sue both, one can seek an indemnity off the other but that's a matter for the co-defendants to sort between them.

    Actually, I just see your last bit that the alteration was done to regulatory standards. That would have a bearing on liability and an engineering expert would be needed to give an opinion.


  • #4
    Farcear
    Registered Users, Registered Users 2 Posts: 618 ✭✭✭Farcear


    Before anybody is liable, there would have to be something "wrong" with the construction or some sort of "negligence". If it was built to proper standards, did part of the path collapse or fall apart soon after?

    Assuming there was some element of error...

    The State is generally only liable for malfeasance (carrying out work but making a mess of it) and not for nonfeasance (just leaving the huge hole in the road and not doing anything about it). As it was the individual who carried out the work, assuming without the consent of the council initially, then I don't really see the case against the council.


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