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Duty for dangerous Roads

Hi. Re road tolls. If I crash or skid on a toll road due to lack of maintenance, that is, gritting, etc., are they failing in their duty of care towards me, the motorist. Paul, Duleek.

Legal liability for a roads authority is divided into two categories – misfeasance and nonfeasance.  Misfeasance is if they do something wrong and are found negligent then they are liable – examples of this would be shoddy road works such as a bridge collapsing or, as most frequently happens, negligently marking existing road works and a driver crashes into the road works.

 

As regards nonfeasance an example of this would be potholes or, in the example you give, failing to grit.  A roads authority generally are not liable for this.  This was sought to be changed by section 60 of the Civil Liability Act 1961 but after heavy lobbying by the councils the minister of the day never introduced section 60 into law.  Oddly enough, local authorities in England are liable but not in Ireland.

 

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