With that in mind, we at Ireland-underground.com have looked into exactly how you can hold your local county council responsible for damage caused by dodgy roads, and get them to pay for it in the process.For starters, there are three legal terms which cover this. "Nonfeasance", "Malfeasance" and "Misfeasance". The last one is the most important in this case, we'll get to that in a moment.
Here's the explanation of those terms.
- Nonfeasance is defined as the neglect or failure to do some act which ought to be done, e.g. failing to keep the road in repair.
- Misfeasance means doing a lawful act in a negligent manner
-Malfeasance is defined as the doing of an unlawful act, e.g. trespass.
The important thing to note here is that, in the event of "Nonfeasance" the council is not responsible. So, if the council makes no effort to repair the road, by law they do not have to accept responsibility for any damage done to your car as a result. There was an attempt to change this situation by Section 60 of the Civil Liability Act 1961, but the minister of the time refused to sign off on it.
However, in the event of "Misfeacance" the council IS responsible and should, by law, compensate you for your claim. Basically, if the council has attempted to repair the road, but made a shitty job of it.
The burden of proof is down to the driver, so when the damage happens, you need to prove that there is evidence there that the council have made an attempt to repair the road. Take pictures of the road, and the damage to your vehicle.
The best example of this is where potholes have been filled in, yet the road is still uneven and bumpy.
This won't guarantee you anything, but it's the best shot you'll have. Please share this to make everyone aware.
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