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Highways Act 1980 Section 58 Defence

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  • Highways Act 1980 Section 58 Defence

    Neighbour recently had a fall/trip on pavement...Council (Adjusters) denied liability citing Section 58...and evidenced most recent inspection of the pavement in question, some 6 months earlier so well within their legal requirements under Section 41....
    However, there have been more than one 3rd Party Contractors working on this area of pavement, which included digging up the pavement since this last insepction.......
    It would appear one of these contractors, probably the last one, has not replaced the paving correctly and left them on a dangerous state.
    My question is, what, if any, procedure or responsibility does the Council have, to inspect works performed by 3rd Parties....
    Cannnot find anything apertaiing to any requirements in the legislation, however, I would argue they do have certain responsibilities and/or requirements to inspect and sign off such works, as having been completed satisfactorily and left in a safe state...
    Any advices on this matter would be appreciated...
    Last edited by JRG11; 28th October 2024, 16:57:PM.
    Tags: None

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