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-   Idle Banter (http://forums.sv650.org/forumdisplay.php?f=116)
-   -   Anyone claimed comp from the council? (http://forums.sv650.org/showthread.php?t=134330)

Quiff Wichard 03-11-09 08:50 AM
Re: Anyone claimed comp from the council?
 
aha cheers Tim.. me wasn't far off the mark then.

I knew it was a woman who fell over..

Quedos 03-11-09 09:02 AM
Re: Anyone claimed comp from the council?
 
Quote:
Originally Posted by timwilky (Post 2082990)
Not quite Quiff mate.


But at the end dof the day. The councils have a statutory defence (section 58 ) against a claim if they are unaware of the defect and can demonstrate a reasonable system of inspection and maintenance
that will be a good one seeing as we can prove the holes was there a least a year before i went into it and major roadworks had just been completed by the council just before

timwilky 03-11-09 09:13 AM
Re: Anyone claimed comp from the council?
 
You would need to be able to prove that the defect had existed all that time, and had not appeared since their last inspection.

So for that you generally need witnesses who are prepared to stand up in court if necessary and state the defect has been there all that time.

You need to prove they are negligent in failing to identify the fault and this defect is the cause of the damage you sustained.

Quedos 03-11-09 11:44 AM
Re: Anyone claimed comp from the council?
 
Quote:
Originally Posted by timwilky (Post 2083036)
You would need to be able to prove that the defect had existed all that time, and had not appeared since their last inspection.

So for that you generally need witnesses who are prepared to stand up in court if necessary and state the defect has been there all that time.

You need to prove they are negligent in failing to identify the fault and this defect is the cause of the damage you sustained.
i used to like you!! - only joking:smt023 - I shall see how it goes i'm not hoping too much but if it does swing my way then good -
The damage doesn't show too bad esp seeing as it made it all the way down to wales and back and even after close inspection by Pegasus wasn't mentioned. (


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