Fossils Posted March 31, 2014 Share Posted March 31, 2014 I was told recently by someone in the "garage business" that a leading manufacturer's statistics shows that the frequency of damage to vehicles, directly attributable to potholes and poor road surfaces, is much higher on the Island than in the UK. This came as no surprise to me, but the following article may prove useful to someone out there. Click Link to comment Share on other sites More sharing options...
Tempus Fugit Posted March 31, 2014 Share Posted March 31, 2014 I was told back about 1970, by the lecturer at the college 'owner driver' course, that the IoM had a high amount of wear on suspension due to the camber on the roads, more than elsewhere, so nothing much changes ! /we used to live in a cardboard box etc. Link to comment Share on other sites More sharing options...
John Wright Posted March 31, 2014 Share Posted March 31, 2014 Fossils. That link is no good for the Island. There is no responsibility in the IOM upon the highway authority at Common Law unless you can prove the highway was badly (negligently) laid or repaired, just letting pot holes develop and doing nothing gives rise to no cause of action. That used to be the same in England. That was abolished in England about 40 years ago. It wasn't abolished by the Highways Act 1986 which specifically preserved the Common Law position. Its why we don't get tripper and slipper cases here. 120 Saving in respect of liability for condition of highway [P1959/25/298] Save as expressly provided by this Act, nothing in this Act with respect to the duty of the Department to maintain highways shall be construed as affecting any exemption from liability for non-repair available as the successor of the parochial surveyors. Link to comment Share on other sites More sharing options...
Donald Trumps Posted March 31, 2014 Share Posted March 31, 2014 At least govt is putting some work out to the private sector Link to comment Share on other sites More sharing options...
Fossils Posted March 31, 2014 Author Share Posted March 31, 2014 Fossils. That link is no good for the Island. There is no responsibility in the IOM upon the highway authority at Common Law unless you can prove the highway was badly (negligently) laid or repaired, just letting pot holes develop and doing nothing gives rise to no cause of action. That used to be the same in England. That was abolished in England about 40 years ago. It wasn't abolished by the Highways Act 1986 which specifically preserved the Common Law position. Its why we don't get tripper and slipper cases here. 120 Saving in respect of liability for condition of highway [P1959/25/298] Save as expressly provided by this Act, nothing in this Act with respect to the duty of the Department to maintain highways shall be construed as affecting any exemption from liability for non-repair available as the successor of the parochial surveyors. Thank you for the clarification, John. Is this an issue that our MHKs should be taking up, or will the old "don't wish to follow the adjacent isle" card be brought into play? Link to comment Share on other sites More sharing options...
piebaps Posted March 31, 2014 Share Posted March 31, 2014 I'm not sure Foss. There was a thread on here not so long ago where one poster was encouraging anotyher to make a spurious claim against the government for pot hole damage. With rights come responsbilities (and opportunities to rip off). Link to comment Share on other sites More sharing options...
Silentbob Posted March 31, 2014 Share Posted March 31, 2014 The Cavern (well above a pothole) on the descent into the Hope from Archallagan is beyond a joke, reported many times, fixed.....never. As stated though, unlike the UK, you are on a hiding to nothing trying to claim from the Government. Link to comment Share on other sites More sharing options...
Silentbob Posted March 31, 2014 Share Posted March 31, 2014 I agree Piebaps, do we want to follow the "No win no fee" debacle that is the UK claim culture these days?? There should be some responsibility on those who are charged with keeping our roads safe however, wasn't a fatal accident on the Archallagan road attributed to a pothole?? Link to comment Share on other sites More sharing options...
HeliX Posted March 31, 2014 Share Posted March 31, 2014 It's not just potholes, coming into Colby from Ballabeg there's a section of road that's been redone, and the manhole cover is half a dozen inches lower than the fucking tarmac. Link to comment Share on other sites More sharing options...
John Wright Posted March 31, 2014 Share Posted March 31, 2014 The position in England was the same until the early 1980's. The justification historically is that the responsibility to maintain and upkeep fell on those people who had road frontages and who had a duty to maintain them for everyone to pass over and their neighbours etc had to maintain for them. So unless you did things very badly, you should not be held liable for deterioration caused by the world at large the UK. I've seen many a young advocate advise suing only to fail. It often raises its head in a soap opera and then there are hundreds of copy cat claims everywhere, including here. Its a complete injury in Liverpool. This has nothing to do with ambulance chasing no win no fee as these claims are bound to fail and no advocate will run sure fire fail cases as he wont get paid Link to comment Share on other sites More sharing options...
IOMRS97 Posted March 31, 2014 Share Posted March 31, 2014 I was told recently by someone in the "garage business" that a leading manufacturer's statistics shows that the frequency of damage to vehicles, directly attributable to potholes and poor road surfaces, is much higher on the Island than in the UK. This came as no surprise to me, but the following article may prove useful to someone out there. Click I'm afraid you wouldn't get anywhere with a claim as there appears to be no legal responsibility for the highways authority to maintain the roads. I'm sure that statistically there is more wear and tear on vehicle suspension on the island than the UK average, based upon the quantity and frequency of replacement suspension parts sold at least by garages where this information is available to me. Get used to having second rate roads - this situation will continue indefinitely. Link to comment Share on other sites More sharing options...
Mr. Sausages Posted March 31, 2014 Share Posted March 31, 2014 The govt only have to pay out if the pothole causing damage was reported to them more than 48 hours previously and they failed to do anything about it. If nobody reports them they don't have to do anything. Link to comment Share on other sites More sharing options...
Terminal Posted March 31, 2014 Share Posted March 31, 2014 Be intelligent and steer around the potholes. Link to comment Share on other sites More sharing options...
HeliX Posted April 1, 2014 Share Posted April 1, 2014 Be intelligent and steer around the potholes. And into oncoming traffic? Link to comment Share on other sites More sharing options...
Terminal Posted April 1, 2014 Share Posted April 1, 2014 Be intelligent and steer around the potholes. And into oncoming traffic? No, because that would be stupid. Link to comment Share on other sites More sharing options...
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