Potholes
 

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?

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

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.

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...

Click on the "Report a Road" BMF web site campaign, As they get the local council to deal with it ASAP.

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.

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.

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.

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.