For the councils and the potholes, it all comes down to their inspection and intervention policies, combined with people actually reporting defects to the council, rather than just moaning about it generally
I say this as someone who is a claimant non-motor personal injury paralegal. Half my job is claims against councils for defects in the pavements and roads.
The council is required under the law to maintain the highways and repair any dangerous defects. The line for ‘dangerous’ is pretty blurry, and councils are able to determine this for themselves. Most judges will defer to the individual council’s policy as reasonable on that front. Generally though, for defects in the road, a pothole has to be an average of 4cm deep before the council are required to do anything about it. For the pavements, it’s usually about an inch.
Alongside this, they’ve got a duty to inspect the highways at reasonable intervals. Again, the councils are left to their own devices to determine this threshold, but high traffic areas are usually once per month whereas more suburban/rural areas might be just once a year. If the defect isn’t there (or isn’t at intervention level) when they inspect, and no one actually reports anything to them in the interim period between inspections, then they won’t generally be liable for any damages resulting from it.
From my countless hours sifting through council inspection and report records, my best explanation is that people aren’t actually calling the council or reporting it online to them. I always have people making claims for tripping on a pothole who tell me the defect has been there for ‘ages,’ but the council records almost never bear that out.
Sorry to bore everyone with the legal standards on potholes.
It’s just nice to discuss a topic on here that doesn’t give me heartburn, unlike the visas.
Sent from my iPhone using Tapatalk