Hello,

Following on from the accident blackspots post I have a Question.

More and more roads are being built and Maitained by third parties on behalf of the Highways agency. I presume these 3rd parties make a bit of money out of it, thefore it is a comercial venture and should be subject to the same law as ony other service provider.

Now, if I am in a resteraunt and slip on a wet floor and injure myself I can sue the resteraunt as they have not fulfilled thier "duty of care". If a road has an "obvious" blackspot and someone is killed or injured could the company the owns the road be sued because thay have not provided a safe environment? I dont mean normal roads, but ones where there is an obvious issue and the company has not take appropriate action.

I am not especilly fond of the "creeping culture of litigation" but I am also not fond of all my taxes making people rich who then dont provide a good service.

What do you think???

 

I would tend to agree with you.. also if damage is just caused to your vehicle say by a pot hole, you should have the right to pusht the cost of repairs onto said 3rd party. IMHO

 

This is the same as you buying a toaster from Curry's and it breaks. Your contract is with the retailer not the manufacturer.

The Highways Agency contract the roadbuilding to a third party, to the HA spec. The constructor is liable to the HA, and the HA to the motorist. Clearly, if the constructor is building the road and their dump truck runs into your car, they are responsible directly to you.
If the road is finished, the HA are responsible to you for any latent defect, and then the constructor to them.

We aren't quite at the USA blame culture level yet, but watch insurance premiums go up when we are.....and we can start another "insurance companies are robbing ba5tards" thread

[This message has been edited by Dave T-S (edited 04 January 2001).]

 

Dave T_s my idea is that prehaps if the designer of bad roads have to foot the bill for accidents then premiums may come down (or not go up as much)?????

Does anyone know if the Higways agency have been sued for bad road design causing accident (Rather than the pothole type issue)

 

OH GOD! My council tax is about to go through the roof
Who do you think pays for all this?