Roads - successful ongoing negligence claims

Keepleft · 08-04-2006, 02:25 PM

From previous discussions here in relation to various crashes and talk of 'negligence', comes this story. It relates to vandalised and worn soundwall and worn and rusted barbed wire side fencing used to keep pedestrians away from the roadway.

This example also adds weight, yet again, to my assertion that road authorities are, rightly, responsible for the prudent management and maintenance of their resources and the 'standards' they apply to them, AND which can of themselves be called into question,- if they are seemingly second-class.

All in the same way that we as car owners are held responsible in our actions when driving or stopped.

From The Herald, Saturday April 8, 2006.

A WOMAN who was struck and injured by twp cars on a freeway has successfully sued the NSW Roads & Traffic Authority for more than $200,000.

Nicole Edson won the judgment in the NSW Court of Criminal Appeal despite a ruling that she was 'tresspassing' at the time she was struck on the F5 freeway, in Sydney's west, in 1998.

Ms Edson, who was 13 at the time, was one of about 25,000 each year who crossed the freeway between the suburbs of Raby and St Andrews.

Ms Edison's pelvis was fractured when she was struck on August 28, 1998. She could be required in later life to have a hip replacement.

The court awarded Ms Edson $231,914, but it also recognised she was at some fault.

It found the RTA had breached its duty of care in maintaining a sound barrier and fence, through which pedestrians passed to cross the freeway.

Dazza XLT · 08-04-2006, 02:41 PM

What will happen in regards to Stock Fencing then?
If I hit a cow while driving, do i go and sue the farmer because the cow managed to get outside his fence? I wouldn't!!! Although people would, i Know!
Do i sue Parks and Wildlife because i hit a kangaroo in my car last year? No!
Sheesh, when will the sueing stop? She went thru the fence, which was put there to stop her in the first place, just because the fence was run-down, does not give her the right to stoll thru.
It is her fault if you ask me! She was in a place she shouldn't have been.
Yeah fair enough Main Roads needs to maintain the fences, but no point sueing over it.
Like people who trespass on your property. If they are hurt under some circumstances, they can sue, even though they were tresspassing!!! Stupid really.

XA-Coupe · 08-04-2006, 02:50 PM

Ity's just another example of how people aren't responsible for their own actions.
If she was 'trespassing' and got struck ... tough luck. A 13yo should know that it's unsafe to cross a freeway.
I wonder how when people get near a car their problems are someone else's fault ??
Next time we get an increase in insurance and rego premiums, remember it's people like this that are contributing to it.

Keepleft · 08-04-2006, 02:53 PM

[QUOTE=Darran]What will happen in regards to Stock Fencing then?
If I hit a cow while driving, do i go and sue the farmer because the cow managed to get outside his fence? I wouldn't!!! Although people would, i Know!
In NT in the past on the Stuart - where motorists had collided with stock, the folk sued both the pastoralists and NT government. The Commonwealth you see had financed a program to fence all roadside properties at some 'good deal' you'd not want to have avoided if you were a farmer.

The very few farmers who had not taken up the offer were then sued for not doing so after their stock wondered, with NT GovCo being co-defendants, yet whom were 'sympathetic' with the motorists and their cause.

Do i sue Parks and Wildlife because i hit a kangaroo in my car last year? No!
No, this is wildlife, summarily 'dumb' that can jump etc, but one day someone just might . . . .

Sympathetic.

XA-Coupe · 08-04-2006, 03:51 PM

Quote:

Originally Posted by Keepleft

[B]No, this is wildlife, summarily 'dumb' that can jump etc, but one day someone just might

summarily dumb like crossing a freeway or doing other stupid stuff on the roads without taking due care and attention.

Dazza XLT · 08-04-2006, 05:04 PM

^^^^^ Thats right!

Gammaboy · 08-04-2006, 06:05 PM

Looks like Darwin missed by *that* much... damnit.

falcon91 · 08-04-2006, 06:39 PM

Can't have those huge "Armco" types everywhere. Apart from the cost, I'd rather (If I lost control) go through a normal fence that one of those things.

Keepleft · 09-04-2006, 10:00 AM

To add to this topic, take a look at at the weblink, read some of the post$. It all reminds you to always be prepared for most any on-road contingency. You must protect your assets, house, car, family. Always be insured.

Read and wonder.

http://aussielegal.aol.com.au/forum/...ics.asp?FID=36