Litigation proceedings against my local council

AvadaKedavra

Hi all,


I was looking for any advice from you all.

Basically in my local area there is a 20 or so meter public highway (path) which is badly cracked almost all the way along, I reported deflections of up to 4 inches which is very dangerous. In march 2012 I emailed the local council (PRESTON) who said the area will be repaired within 48 hours as it was an 'emergency'.

I reported this because my daughter of 3 at the time, had a nasty fall and was very upset, she is ok now physically but had a nasty graze and subsequent scar, the main issue that gets me mad is she wont walk down that path now she starts crying when we go near it, also shes very cautious of other paths which look damaged its caused some mental trauma. The council just say they are dealing with it after all these months! I have called and emailed for months and got no where, why do I pay my council tax? Yes for many things but the part that goes into the council for 'services' should be reimbursed. See that email reply below.


Hi Jennifer

I hope you are well.

Please see Highways reference number below:

966121

It has been logged as emergency.

Regards,

Optimist

Your header "litigation proceedings against my local council" is somewhat premature not least because it would seem to be Lancashire County Council who are responsible for maintenance of your local highways not Preston council.

Litigation of the type you envisage is a costly thing to attempt, I would like to think any solicitor you talk to would try to talk you out of any such action in the first free hour session. Although that said I am pretty sure the council would not let it run past the pre action conduct before sending a man out to fix it.

I must admit I am surprised the council haven't treated it as urgent especially if you have pointed out that it is a health and safety issue as once known about the council would have difficulty falling back on the usual defence if they haven't put the process in action to fix it and they get another accident.

I have always found http://www.fixmystreet.com/ to be a highly effective means of getting the council to fix potholes etc possibly as it is more public.

You could also try writing to your local counselor that's what they are there for.

ThumbRemote

Optimist wrote: »

You could also try writing to your local counselor that's what they are there for.

Agreed - get in touch with your councillor. They may even have a phone number to contact them on the council website.

AvadaKedavra

Thanks both, I will do just that.

It has been confirmed by LCC and Preston CC that the issue lies with Preston not LCC, although generally you are right it is LCC that deal with most highway issues. I will run this past the counselor see what they say as the level of service here is a complete joke.

Thanks again.

AvadaKedavra

Hi all,


Just an update, I am dealing with Zurich the insurers for Preston city council, who are liable for said footpath. They are arranging with me a settlement, as they say PCC have admitted negligence.

The issue itself has still not been repaired, so something they originally said would be sorted within 48 hours, to date is still not resolved and we are going back to march 2012.

somethingcorporate

So what has the lack of path being repaired actually cost you?

Are they sending out "settlements" to anyone that has had to walk over said path?

I hate this pointlessly litigious culture we are moving towards - it just shows a total degradation of morals - grabbing cash at whatever opportunity at the expense of whoever else.

I hope the cash helps you feel better. I am sure all your fellow CT payers will be happy for the increased premiums as a result of your claim.

System

Not forgetting that this will be your one and only claim against the council for that stretch of footpath. As you are now fully aware of its state then the onus now falls back on you to ensure that you, anybody that you have supervision of or are accompanying navigate it safely in future.

It could mean that your friend sues you now if she trips over while walking along it with you.

George_Michael

Irrespective of knowing that the pavement is unsafe, if someone needs to walk along it to get somewhere then the council can't simply claim "you shouldn't have used it if you knew it was dangerous".

The council are also aware that it is unsafe and have a legal duty to either repair it or to cordon it off until it is safe to use.

It could mean that your friend sues you now if she trips over while walking along it with you.

So a private individual is now liable for accidents that occurred due to another party not fulfilling their legal obligations?

System

A private individual still has a duty of care where they know there is a danger

George_Michael

I agree, but if the pavement in question is the only way to get from A to B, what else are people meant to do?

ILW

George_Michael wrote: »

I agree, but if the pavement in question is the only way to get from A to B, what else are people meant to do?

Look where they are going?