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I was injured when I went down a hole in the road on my bike. Can I claim against the Local Authority?
I went down a hole in the road on my bike last year. I suffered back and shoulder injuries as a result and am still having problems. I have been writing to the local authority, but they are not replying to my letters. On the one occasion that they did reply, they stated that they are not liable as they were not aware of the road defect. They said that the road was checked on 27th May 2007, my accident happened on 8th June 2007. The road would have taken longer than 12 days to get as bad as it was when I had my accident. I have photographs but didn't take any witness details, as I didn't think I would need them.
There is a statutory defence to claims arising from defects on a public highway if the local authority can show that they carried out a reasonable system of inspection. However, without full documentary evidence of this system from the local authority it is impossible to tell whether this defence is likely to succeed. It is possible to obtain these documents from the local authority by way of an order of the Court for pre action disclosure if they are not provided voluntarily. This is something we would be delighted to help you with. I can ask one of our legal counsellors to call you to go through your case in detail. The service is confidential, there are no costs associated with the call and there is no obligation of any kind. Please reply to this email if you want to use this service.
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