Roadworks, do council have any liability?

GM228

https://www.boards.ie/discussion/comment/118473724#Comment_118473724

Rather than a simple yes, the answer is a potential yes, also, negligence need not always be needed, yes it will be required in an action based on the principles of misfeasance, but what of an actionable nuisance, negligence is not then an ingredient, rather foreseeability is.

https://www.boards.ie/discussion/comment/118473763#Comment_118473763

Not necessarily.

Esel

Example: brand-new pothole wrecks your wheel and tyre - council may not be liable; badly repaired pothole - council liable (in general). IANAL

ohnonotgmail

https://www.boards.ie/discussion/comment/118478204#Comment_118478204

how so?

GM228

https://www.boards.ie/discussion/comment/118481337#Comment_118481337

The LA may be held liable by creating the danger by modifying the road and not giving a clear indication of the roadway and footway, it would be dependent on the facts of the case.

GM228

NUTLEY BOY

https://www.boards.ie/discussion/comment/118478204#Comment_118478204

Out of interest, if you were arguing the nuisance line would that be grounded on private nuisance or public nuisance or is there any practical difference in Irish law ?

I have a useless piece of information stuck in the back of my head that public nuisance was actionable only if the claimant sustained loss and or damage and or inconvenience over and above that of the public at large arising from the same set of facts 🙄

GM228

https://www.boards.ie/discussion/comment/118499369#Comment_118499369

Yes private and public nuisance are different, in a case such as being discussed it would be a public nuisance.

You are correct, there must be special or particular damage over and above that suffered by the public generally.

mk7r

Just a quick update, the council have added reflective material to try and make the pole more visible.

delly

That's exactly what I thought might happen once the issue was raised with them. Based on that, I'd expect them to pick up the tab for the damage.

magicbastarder

i don't get the link between them taking a precaution, and that implying they are responsible if they haven't taken that precaution, though?

I would say the reflectors should have been on it from the start

Not legal advice ir opinion. just my opinion

DoctorEdgeWild

A sad state of affairs if they do pay out to someone who hit a stationary object on a footpath, but the addition of reflective markings is nonetheless a good idea.

TheW1zard

The pole came out of nowhere officer