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Obstruction on pavement/verge problem

Reported in the Obstruction on pavement/verge category by Customer Services at 14:08, Wednesday 15 January 2020

Sent to Lincolnshire County Council less than a minute later. Council ref: 2300676.

Portal Claim form received for Mr Simon Tough - The claimant was cycling along the road when mud became stuck to his rear wheel which stopped the bike. The claimant
fell sideways off of his bike and landed on his right side. A car was stationary to the claimant’s left and as the claimant fell
he caught his left leg on the underneath of the car. The street lights were not on in the area so the claimant could not see
the mud on the road to be able to avoid it. At this stage, my client contends that you were at fault because you: 1. Failed to maintain the road which was in a condition
which was dangerous to those using it, contrary to Section 41 of the Highways Act 1980. 2. Caused or permitted the
highway to be or to become or to remain a danger and a trap to persons using it. 3. Failed to institute or enforce any or any
adequate system of inspection and maintenance of the road whereby the insufficient lighting might have been detected and
acted upon before the Claimant’s accident. 4. Failed to notice the insufficient lighting within a reasonable time. 5. In all the
circumstances, failed generally to discharge your duty to the Claimant as a Highway Authority or otherwise and exposed
him to an unnecessary risk of injury. 6. Further, or in the alternative, in the respects detailed above, the defect constituted a
nuisance to the highway and therefore you are liable.

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Updates

  • Thank you for reporting this issue. A highways officer will investigate and provide an update within 14 days.

    Posted by Lincolnshire County Council at 14:08, Wednesday 15 January 2020

  • We have assessed the fault you reported and will not be taking any action at this time. We will continue to monitor this location as part of our safety inspection schedule.

    State changed to: No further action

    Posted by Lincolnshire County Council at 10:02, Tuesday 28 January 2020

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