According to the Hartlepool Mail, Hartlepool Borough Council have paid around £4,500 in compensation in regards to 23 pothole related claims over the last two years – which is literally nothing compared to most injury claims. In order to combat these claims, Hartlepool Borough Council have said that they would like to resurface all affected roads and paths. However, with the current economic climate, and with the cost of carrying out such work estimated to be around the £20million mark, the Council has instead had to settle for undertaking repairs on the potholes where these potholes have come to their attention – something that has so far cost them £300.000. The Council have brought together a special team to combat the potholes. Working five days a week, this team is responsible for the repair of potholes within 24 hours where the pothole is approximately 3cm deep and a metre long, whilst other potholes are to be fixed within 28 days.
The Hartlepool Mail reports that Hartlepool Borough Council have so far defended themselves against 37 claims. A Hartlepool Borough Council spokesperson has stated that ‘Each claim is examined in detail on its particular circumstances and all claims are thoroughly investigated to confirm their authenticity’. However, despite the fact that it would appear that not every pothole claim can be successful, and that there have been some fraudulent claims, it is important to understand that if you have suffered a personal injury as a result of an accident involving a pothole, you are entitled to make a claim for compensation. Each case should be judged on its own merits.
Potholes can be a trip hazard, or they can cause cyclists to come tumbling off their bikes for example. Your local council has a duty of care to those who use its roads and footpaths. It is responsible for the maintenance, and where necessary, the repair of our highways. Your local council should therefore carry out routine inspections of its highways to ensure that they meet this duty. This though, can be a tough duty, especially where we have a sudden influx of freezing weather, and a new pothole subsequently develops. Where this happens, can we really expect our council to be aware of each and every pothole that has developed, possibly overnight, and then to immediately repair it? I think most would agree not.
It is important that if you have sustained an injury as a result of an incident involving a pothole that you seek specialist advice from a quality personal injury lawyer. They will be able to assess whether the council has failed in its duty of care to its highway users and will let you know whether you have a potential claim for compensation.