When is road authority liable for bad road surface?
In the Netherlands, road authorities are responsible for the roads in their area. We are talking about municipalities, provinces and Rijkswaterstaat. They have to regularly check and maintain the roads in their areas. Road authorities must also take action if a road is damaged. Does this not happen? Then the road authority is not fulfilling its duty of care. You and other road users then run the risk of an accident.
The road authority is usually liable if you suffer personal injury due to a poor road surface. We can hold the road authority liable for you for accidents caused by:
And other accidents caused by a bad road surface.
Has a bad road surface been discovered somewhere? Then the road authority must make sure it is repaired. The road authority cannot place a warning sign on its own. In the meantime, however, the road authority can place a warning sign. And during roadworks, part of the road may also be closed off.
Have you suffered personal injury due to a bad road surface? If so, please contact us. We can investigate for you whether the road authority can be held liable.
Road authority liable for accident caused by road works?
Suppose you have an accident due to work on a poor road surface. For example, you may:
- slip or slip due to loose pebbles
- falling into a hole
Then the road authority is liable if no warning has been given about the roadworks. If there are warning signs, you are expected to pay close attention.
To her dismay, a client of JBL&G suddenly sank through a pavement. In this situation, the road authority was not liable but a water supply company. The waterworks company was repairing a leak. The entire street and pavement were flooded as a result. Unfortunately, there was no warning about the works. There were no warning signs and the road was not cordoned off. JBL&G therefore successfully held the waterworks company liable for the victim’s personal injury. The woman received over 4,200 euros in compensation and damages.
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