You’ve tripped over a damn pothole on the highways, and ended up injured as a result. I expect you’re pretty angry, especially if you are now off work and losing earnings, or in pain and / or immobile due to the injuries. I expect you’ve had a few rants about the council and how they need to step up to the mark and sort out this pothole problem! But when it comes to action against the council, what are your rights, and what should you do?
Under the Highways Act, there is a potential claim to answer for. You may have a case against the council or whoever is responsible for the highways. So will your claim win? Well let me explain the law for you – because claims against the council can actually be very hard to win.
The duty by law that the highways authority have is to reasonably inspect and maintain their jurisdiction of highway. This is normally accomplished with an inspection regime – a road may be inspected every three months if it’s a well used busy area, or perhaps every 12 months if it’s a minor country road.
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