Bollards - can they be illegal

darich

foxyd3vil12 wrote: »

no wonder the OP hasnt bothered coming back on here!

no help at all!

no help because of the conflicting information supplied by the OP.
didn't hit kerbs - hit bollards.
didn't hit bollards - hit concrete lumps
no central reserve - just concrete lumps

if the op wants good sensible advice then it helps to be factual, honest and less insulting.

Tort law would not be any use here. The OP would have to prove the council was negligent and that would be impossible. The council cannot be held responsible for something they know nothing about. So if the bollards are damaged and the council not told, it's not the council's fault they're damaged. Same also applies if the council knows and erects barriers and cones around the damaged items. If some drunkard removes them then the OP's daughter crashes into the now unmarked bollards, it's not the council's fault they're not marked.

FlameCloud

Surely the tort of negligence is the main part of the law of torts?

It would depend on whether the councils are strictly liable for the damage that occurs as a result of their bollards/kerbs whatever. You can be forced to pay even if you did not know anything about it nor could have prevented it.

powned

there have been cases where people have driven into skips that have not been illuminate and they have won. but i have never in my years of driving seen bollards in the middle of a 30 mph rd? at the junctions of some restricted city centre roads yes, well lit with warning signs. i cant imagine a council would be negligent enough to not signpost and illuminate such traffic restrictions... if not i would sue, but if you even suspect your daughter may have hit the bollards due to lack of attention (common with youngens, i did something similar when i was a tot) then just pay for the repairs and chalk it down to experience. you cant sue for everthing.