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Do councils have a legal duty of care for roads?

  • 14-12-2017 12:33pm
    #1
    pudzey101
    Registered Users, Registered Users 2 Posts: 3,925 ✭✭✭


    fairly pissed off. I crashed my motorbike friday and it hurts, physically, mentally and financially.

    I was coming to a bend (about 20-25mph) and while leaned over in the turn , suddenly hit a large patch of spilled gravel all over the road . Me and the bike slid to the other side of the road and luckily nothing was oncoming at the time ( so lucky to be typing this ) took pictures of the road/damage etc etc . I can post them off the phone later on.

    I'm concerned about taking a case but no clue where to start if somebody could be of help here ?

    Btw gravel and bikes dont go , its like driving on marbles , but 100% unavoidable in the middle of a bend .


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    MOD
    Leaving open for discussion, subject to forum rule v legal advice


  • #3
    cruizer101
    Registered Users, Registered Users 2 Posts: 3,205 ✭✭✭cruizer101


    If it was just spilled gravel there is not a whole lot can be done, for all you know it was spilled 5 minutes prior to you slipping on it.

    They do have a responsibility to fix potholes and the likes alright.


  • #4
    pudzey101
    Registered Users, Registered Users 2 Posts: 3,925 ✭✭✭pudzey101


    cruizer101 wrote: »
    If it was just spilled gravel there is not a whole lot can be done, for all you know it was spilled 5 minutes prior to you slipping on it.

    They do have a responsibility to fix potholes and the likes alright.

    AFAIK they where carrying out roadworks on that road that week


  • #5
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    As far as I know the council have a duty of care. However it is not the strictest duty of care that could exist. If there is a problem you have to prove that they were notified of the problem and afforded an opportunity to rectify the problem before you have a case.

    You would probably have more of an opportunity to pursue the roadworks company as it is more likely to be possible for you to establish that they have acted negligently in their duties. You would need to provide some sort of evidence that the gravel you slipped on was the same as what they used for their roadworks.

    A solicitor is of course required prior to taking any case.


  • #6
    Alkers
    Registered Users, Registered Users 2 Posts: 6,908 ✭✭✭Alkers


    I don't think there is a legal requirement for them to maintain the road but if you could prove or demonstrate that the gravel was likely from the recent works you may get some smypathy. I would make contact with the council formally in writing setting out your damages incurred and see where that goes. If it was a contractor working on behalf of the council, they might just fob you off to chase it up with them.


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