Speed Ramps in Housing Estates

jacknife

This is for a tort homework

if a management company who is responsible for the green areas of a housing estate, put in speed ramps because of a complaint of speeding my the residents

1. Do they have the authority to do this or is it the council's job
2. if the ramps were not painted and there was no warning signs and if someone crashed into them and the car veered off the road is the management company responsible.

I think the car driver is partly liable as he should be aware of the speeding problem and shown due care, yet the ramps were not sign posted and outside the limits for height

Any suggestions

Little CuChulainn

On the matter of whether it is the councils job, this story might interest you.

http://www.irishexaminer.com/ireland/illegal-playground-pulled-down-160939.html

AnnaStezia

Was the estate taken in charge by the local authority ? If yes, what authority, if any, was there to lay down the ramps.

For purposes of tort law, research the issue of creating dangers in the highway.

Also consider the application of nuisance to the question.

Victor

Is the management company responsible for the green areas of the housing estate or all common areas?

Is planning permission needed for ramps? Was such permission granted?

Are signs needed for ramps? What signs are needed?

How should ramps be built? where they built properly?

Is the car driver a resident of the estate or is it their first time visiting?

Are their any other duties involved, perhaps in countering torts or other risks?

How does one crash into a ramp?

Pat Mustard

http://www.google.ie/url?q=http://www.irishstatutebook.ie/1988/en/si/0032.html&sa=U&ei=ot1wVPk2gbg4ovKA4AI&ved=0CBQQFjAA&usg=AFQjCNFDhmIJEmUchStnlWNa2agQTHffWA
There used to be ramps and bollards legislation but it was repealed. I didn't see where it had been replaced by another piece of legislation.

Anyone know if there is any current legislation dealing with ramps?

Lantus

Ultimately this is a question of legal ownership. IF the OMC own the road in question where the ramp is proposed which would typically be within a gated perimeter then they do have a right to install such features. However, as with all development there may be a need for planning approval and it must be installed in accordance with all required standards.

If the roads are taken in charge by the local authority then they will not have an automatic right and will need to apply to the council if they feel such a device is required. This process may be 'smoothed' out and shortened if the OMC were to make a financial contribution to this project but it would require specific approval at an AGM as it would fall outside the 'normal' legal duties of the company and its remit of responsibility.

In terms of point 2 and your comment after that the car may crash as the ramps were too high this assumes faulty building in the first place. I am not aware of a need for specific signage as to ramps but again this may vary as to location, type and quantity.

As long as the OMC goes through the basic process of due diligence with regards to planning and installation it would be hard to see how they could be held accountable.

Indricotherium

Did the speed ramps escape from a neighbouring housing estate?

Mr. Incognito

If its for tort then its the person who put them in who is responsible.

Follow the causation. Did they forsee the users, is there a material defect.

For third party liability is the council on notice.

Its tort homework so focus on tort principles