Potholes

[knirirr]

I was pulling into a filling station yesterday, when I noticed a large pothole right in the entrance, but just off the main road. It was about a foot across (perhaps slightly more), and eight inches deep. I mentoined this to the cashier, and pointed out that it was a hazard for motorcycles, which he seemed to think very amusing (he laughed).
Anyway, I wondered what the legal situation would be if one happened to come off due to such a pothole in this location (a filling station forecourt), or on a public highway. Presumably one could sue the petrol station owners in the former case?

[amarko5]

I am sure a reasonable case could be made against the garage (if it is their responsibility for the location of the pothole)

Your local council can also be sued for damages :wink: a work colleague tripped over a paving slab and tore his crucial ligament.

a successful claim later on brought him a mere 4K that went towards his next bike.

there is a certain measument (cant remember now ) for any paved area to be within.

I would immagine it also apples to the roads

[Law]

Yep, you can claim compensation from the council on badly maintained roads, but that money comes from the fund used to repair roads. Some people fake injuries to claim.

[knirirr]

Thanks for the replies. I'd rather not sue anyone, of course, but was just wondering.
I was riding with someone else, and I discovered later that she'd not seen the hole, and was on a smaller bike than mine...

[Richie]

Click on the "Report a Road" (http://www.bmf.co.uk/report-a-road/index.html) BMF web site campaign, As they get the local council to deal with it ASAP.

[arenalife]

Defects (slabs/holes etc) should be less than 1" high/deep.

If you have a trip get a camera and measure it with the tape measure against it. It's been known for hazards to get filled or levelled overnight after a mishap to make them legal and then you have no proof/case.

[Ed]

If on private land, and you get hurt/bike gets mashed there's a good Occupiers Liability Act claim I would have thought, subject to contributory negligence arguments etc. As stated above, get pics else the hole will disappear overnight and you'll be looking very silly with no evidence.

[haggis]

I think it's 'At your own risk' on someone else's private land which a forecourt is.

Im assuming this as I had an accident in a works van on a private track, the landowner hit my van, and there was no police involvement. They weren't interested. It might be different in England/Wales.

[TSM]

I think there was somthing recently that i herd that makes places like supermarkets & garage forecourts come under the some of the same laws as the public highways.