Statutory defense!

20th August 2011

My son hit a pothole on a road known for constantly caving in on itself, his tyre burst causing him to hit the bank on the other side of the road then rolling his car several times down a field, he was found wandering confused at a shop, the car was a complete write off and he had bruising grazing and severe whiplash, the potholes were filled in with gravel (!) a couple months later and 15 months later the road has been resurfaced completely
We went through a solicitor as it's a miracle he wasn't killed, that was back in April 2010, but got a letter today saying the highways will be using statutory defense which I understand to be sec 58 of the highways act, the potholes were in such abundance (and always have been in the 16 years I've lived here) and about 3 inches deep by up to a foot wide from previous bodge jobs they couldn't be avoided, can they really wriggle out of this? We've lost the price of the car and my son couldn't move and had to rely on me as a taxi service - I have complained to the highways before about this road as I'm sure many others have ( I saw a mans entire wheel ripped off in the same place previously)
How can they even try using statutory defines? My boys life is worth more than what we're asking them to pay out!

Replies (3)

sj1267     posted : 02/09/11 at 12:45 pm

They've denied responsibility !! Theyre report says no defects found, yet the safety report says there are various defects on the same day it says none found.
This has gone on for 17 months now

sj1267     posted : 23/08/11 at 1:46 am

Thanks for the reply, I've gone down the foi route, so we'll see what they come up with, the state of the road over the years leaves me believing they just don't bother dealing with it
Will let you all know how we get on :)

Potholes.co.uk Expert     posted : 21/08/11 at 9:36 am

I feel your anger, but they are entitled and expected to mount a defence against any claims made against them and you should try to not take it personally. The Government law makers wrote a statury defence into the Highways Act and local authorities are required to rely upon it.

Good luck.