04/06/2018 22:02:00......Posted by Helen Pollard
Following a question raised at a resident meeting, I asked if the Council would be liable for damage to a vehicle due to a pothole, if the pothole was marked with spray paint. Here is the reply:
"I refer to your enquiry below and can confirm that the Council would not normally be liable for an incident after the defect has been marked. The highways inspector, using a risk based approach would assess the defect and taking into account the location and the size of defect and raise and issue the appropriate category task order to repair. This could be a 2 hour call out , 24hrs, 7 days or 28 days.
If an incident occurs within the task order time period the Council, although aware of the defect would defend the claim as we had noted and taken the necessary action to repair.
If the incident occurrs beyond the task order completion date then liability would transfer to the contractor."
So there is every reason to be careful when driving on a road with potholes, especially if the pothole has been marked. We need to ensure this Council invests in our highways to keep them safe and free of potholes.