When road authority liable for loose pavement stone?
Road authorities have a duty of care for the roads under their control. This means that pavements, cycle paths and roads must be maintained. If pavement tiles are loose, the municipality or province must have them repaired. Regular checks should also be made, such as when it is hot and dry. This is one of the possible causes of pavement tiles coming loose. If the road authority fails to do so, a potentially dangerous situation arises. This dangerous situation can cause injury.
A warning sign for a path with loose paving stones is not enough. Especially if this warning sign has been there for months or years. The road authority is obliged to take action within a reasonable time. Does a road authority fail to fulfil its duty of care and you suffer personal injury as a result? If so, you are entitled to compensation.
When is the road authority not liable?
The road authority is liable in most cases. However, there are some exceptions:
- If you trip over a paving stone that has just come up. In that case, the municipality has not yet received a report about it or been able to discover it itself.
- In some cases if the paving stone sticks up less than 3 centimetres. The fact that you fell may then be seen as your own fault. However, this is not always the case.
Every situation is different. Are you wondering whether the municipality is liable in your specific situation? Our lawyers can investigate this for you free of charge and without obligation. Does it turn out that the municipality should compensate your personal injury? If so, we can take up your case immediately.