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Potholes on Minor Roads Are a Fact of Life, Rules Court of Appeal

Local authorities are under a legal duty to repair potholes in the road, but a certain number will always be there as part and parcel of a less than perfect world. So the Court of Appeal observed as it dismissed a compensation claim by a cyclist who was seriously injured in an accident on a lonely mountain road.

The cyclist hit a pothole as he swerved to avoid a pile of manure in the road. He was thrown to the ground, suffering head and orthopaedic injuries and damaged teeth. He claimed that the hole amounted to a trap for road users and sued the local highway authority for up to £50,000 in damages. However, in rejecting his claim, a judge found that the hole did not constitute a foreseeable hazard.

Dismissing the cyclist's appeal against that decision, the Court noted that the presence of potholes on sparsely used and remote roads is simply a fact of life. The risk posed by the hole was of a low order and the cost of removing such minor defects across the country would be enormous. In those circumstances, the judge's decision represented a sensible balance between public and private interests.

If you have been injured as a result of a poorly maintained road, contact us for advice.

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.