I would like to remind all readers of the importance of reporting potholes and other road or pavement hazards to the local council.
Last year, an elderly friend who was on holiday with me fell in Back Lane, Rochford, due to the poor state of the road. There is no pavement.
She sustained a deep cut above the eye and other bruising. A kindly passer-by phoned for an ambulance and also photographed the pothole. Later that day, I reported the incident to the council and a large area was resurfaced five days later.
As my friend had broken her spectacles in the fall, she tried to obtain a small amount of compensation to cover her expenses and for the trauma suffered and consequent loss of enjoyment of her holiday.
Despite the photographic evidence of the pothole and her injuries, no compensation has been forthcoming, as Essex County Council say it is not liable.
The reason given was “the dangerous defect must have arisen as a result of failure by the highway authority to fulfill its statutory duty to maintain the highway to a reasonable standard”.
The annual routine inspection had been undertaken the previous October, and found the road to be satisfactory. So, despite the prolonged and severe winter weather, which had obviously affected the road surface, the fact no member of the public had reported this meant the council could not be held liable.
I would therefore urge everyone to report these hazards. Even a minor one could be a death sentence to an elderly person. Don’t leave it to someone else.
Doreen Quinn
Poplar Road
Rayleigh
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