Legal action over pot hole damage

They claimed the statutory defence of the Road Traffic Act 1980, which is as described below. What the council had failed to notice was that they hadn't inspected the road in the requisite time frame and the judge adjudicated in my favour after about five minutes of the hearing.

If a dangerous pothole has been reported, the council cannot fall back on the statutory defence.

Your readers might like to know that I have sent a report to the council about the dangerous state of Station Road in Rustington and East Preston, and a particularly large pothole in Vicarage Lane, East Preston.

Should any readers sustain damage to a vehicle as a result of a pothole, or be involved in an accident as a result of trying to avoid a pothole, in these areas, the council will not now be able to use the statutory defence of the Road Traffic Act 1980, which states that as long as the road has been inspected in line with the road's grading, the council cannot be held liable – unless a fault has been reported.

Dr Tim Kimber

Golden Avenue

East Preston

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