Follow Up for A1 Pothole.

by zero eight

21 Feb 2011

Since my last post I have had response from the Highways Agency:

"Thank you for your email.

Section 41 of the Highway Act 1980 imposes upon highway authorities a duty to maintain their highways and to have regard to the safety of all highway users.

Section 58 of the same Act provides a defence for the highway authority in an action for damages where it is alleged that injury, or damage, resulted from an authority’s failure to maintain its highway, provided that it can prove that it took all reasonable measures to ensure the highway was not dangerous to traffic or pedestrians.

By virtue of it’s robust inspection regime, the Highways Agency considers that it has satisfied the requirement at Section 41 and therefore can rely on the special defence found at Section 58. Indeed, the courts have accepted that the Agency cannot be on hand at all times to repair, or put right, each and every defect or remove every piece of debris the moment it arises on the trunk road (including motorway) network.

This applies in all circumstances where somebody wishes to make claim for damages in an incident for which we have not been negligent.

I hope that this has answered your query".

I have replied and have asked them on what circumstances can a car owner claim for damages from a pothole in the road.

P. Slaney