Only submit a compensation claim against Warrington Borough Council if you believe the authority to have been negligent (at fault).
Establishing negligence
The council will not always be liable even where damage or injury has occurred. The key issue is whether the council has been negligent. If the cause of the damage was unforeseen then the council is usually not considered negligent.
For example, if there is storm damage caused by falling branches from healthy trees then this is not something that could have been predicted or prevented from happening.
The authority also cannot be held liable for the independent actions of others.
Contractor works (including water, gas, electricity and broadband suppliers, etc.)
When a contractor or any third party construction work is involved, they are required to have public liability cover and are solely responsible for any works that take place. You should submit a claim directly to them via their claims process.
If you submit a claim to the council and, after an investigation into the claim a contractor is found to be responsible, then you will be supplied with a denial letter from the authority and the name and address of the contractor. The file will be closed by Warrington Borough Council.
The authority will not pay any form of compensation to you and then recover the costs from the contractor / third-party company. The onus will be on you to submit a new claim to them.
Criminal acts of a third party
The council cannot be held liable for the criminal actions of others if damage is caused to you or your property. It is advised that you contact your insurer in such matters.
Spillage\debris on road
The council cannot be held liable for the actions of others if spillages or debris is on the road.
Hitting a unlit island or chicane
The council cannot be held liable if drivers hit an object (e.g. unlit traffic islands, street furniture, etc.). Street furniture is laid out specifically for a variety of reasons and would have sufficient road markings and reflective markings around it to indicate its presence.
It would be visible in daylight and evident to oncoming traffic that they must drive as the road allows. Street lighting would show its presence at night and vehicle headlights provide adequate illumination to avoid collision.
Section 58 Highways Act - Defence Against Claims
The council has a regular inspection regime for all adopted roads with intervals between inspections determined by the volume of traffic on the specific stretch of highway and type of road. Unadopted roads are not the responsibility of the council and are not subject to inspection.
Section 58 of the Highways Act provides all councils with a defence against claims made against local authorities. It allows for the period between inspections to be reasonable and for repairs to be undertaken once defects have been found.
Warrington Borough Council may be able to rely upon the Section 58 defence to defend a claim relating to a damaged vehicle or property even if at the time the defect was in place.
For example, if the authority can show from its documented records that at the time of last inspection a trip hazard or pothole was not present or not considered to be dangerous.
If the authority has a defence, records of the inspection regime and Street History Report recording complaints (personal information redacted) will be submitted to you with a denial letter.
