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Home | Compensation Law | Public Liability Claims | Council Footpath or Road Incidents

Council Footpath or Road Incidents

A motorist or pedestrian injured as a result of defects in roads or footpaths may have a claim against a local government authority or RMS for failing to rectify those defects.

The civil liability legislation has limited the availability of claims to those arising from a failure to properly repair defects – misfeasance, rather than a failure to carry out repairs at all – nonfeasance. The distinction is technical and obscure and was introduced to limit the liability of local government authorities in circumstances where budgetary restrictions may prevent routine repairs to roads or footpaths.

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