The recent storms have resulted in a huge amount of damage to roads and footpaths. A number of calls have been received regarding clients injured as a result of a road works accident *. It should be noted that the bad condition of the damaged roads does not of itself lead to a negligence claim against the council for an accident. The fact that the road is damaged and not repaired due to weather or wear and tear does not of itself prove negligence.
However if repair works are carried out but are substandard or dangerous then a claim for a road works injury may exist.
During the repair works, the party carrying out the repair works (often the council or a third party on behalf of the council) must use adequate caution to ensure road users do not suffer an injury ie traffic lights, cones etc. If these necessary precautions are not in place, a personal injury claim following injuries sustained in an accident whether it be a for driver, cyclist or pedestrian is likely to succeed against those parties for failure to maintain an adequate duty of care to road-users.
As always, we advise you to contact us at personal injuries claim * to assess the circumstances surrounding your accident.
*First published March 24, 2014
Personal Injuries Claim*
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.
If you would like to discuss a personal injury matter please contact us to discuss further:
Cosgrove Gaynard Solicitors, 22 Fitzwilliam Place, Dublin 2.
Phone: 01 234 0044
or complete our online assessment form.