Author Topic: Roads and Pavements legal liability in case of negligence  (Read 3092 times)

Offline admin

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Roads and Pavements legal liability in case of negligence
« on: August 12, 2011, 03:55:21 AM »


THE STATES assembled on Tuesday
19th July 2011, at 09.00 a.m. under
the Presidency of
Mr. Michael Nelson de la Haye,
Greffier of the States.

Roads and Pavements: legal liability in case of negligence P.75/2011

THE STATES rejected a proposition of the Deputy of St. Martin to agree that appropriate legislation
should be brought forward for approval to make the States, in respect of main roads (‘grandes routes’), and the Parishes, in respect of parish roads (chemins vicinaux), legally responsible for damage to individuals suffered as a result of negligence caused by a failure by the relevant highway authority to maintain the roads and pavements in a proper state of repair; and to request the Minister for Transport and Technical Services to bring forward the appropriate amendments for States approval.


Members present voted as follows –


POUR: 18                                              CONTRE: 30                                        ABSTAIN: 0

Senator A. Breckon                               Senator T.A. Le Sueur
Senator F. du H. Le Gresley                  Senator P.F. Routier
Connétable of St. Helier                        Senator P.F.C. Ozouf
Deputy R.C. Duhamel (S)                     Senator T.J. Le Main
Deputy of St. Martin                             Senator B.E. Shenton
Deputy R.G. Le Hérissier (S)                Senator S.C. Ferguson
Deputy J.A. Martin (H)                         Senator A.J.H. Maclean
Deputy G.P. Southern (H)                     Senator B.I. Le Marquand
Deputy of St. Ouen                                Connétable of St. Ouen
Deputy of St. Peter                                Connétable of Trinity
Deputy J.A. Hilton (H)                          Connétable of Grouville
Deputy P.V.F. Le Claire (H )                Connétable of St. Brelade
Deputy of St. John                                 Connétable of St. Martin
Deputy M. Tadier (B)                            Connétable of St. John
Deputy of St. Mary                                Connétable of St. Saviour
Deputy T.M. Pitman (H)                        Connétable of St. Clement
Deputy T.A. Vallois (S)                         Connétable of St. Peter
Deputy D.J. De Sousa (H)                     Connétable of St. Lawrence
                                                               Connétable of St. Mary
                                                               Deputy J.B. Fox (H)
                                                               Deputy of Grouville
                                                               Deputy of Trinity
                                                               Deputy S.S.P.A. Power (B)
                                                                Deputy K.C. Lewis (S)
                                                                Deputy I.J. Gorst (C)
                                                                Deputy A.E. Jeune (B)
                                                                Deputy A.T. Dupré (C)
                                                                Deputy E.J. Noel (L)
                                                                Deputy A.K.F. Green (H)
                                                                Deputy J.M. Maçon (S)

Offline man in the street

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Re: Roads and Pavements legal liability in case of negligence
« Reply #1 on: August 12, 2011, 09:03:02 PM »
hope those who voted against this, fall flat on their face or break a bone or two. and their wheels on their car come to grief , then they will know what its like .
 a genuine  claim should be supported.
 its a bad as those who , when their  worker is injured, run away  and hide under their lawyers coat tails. and shout "next" down the unemployment line.

Online boatyboy

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Re: Roads and Pavements legal liability in case of negligence
« Reply #2 on: August 12, 2011, 10:25:26 PM »
I agree Man in the street  !

It was my impression that you paid your taxes and dues and that Government provided services from that money, like roads, hospitals, libraries and ambulance etc,  out of the taxes.

I also agree that this voting information goes to show, who are looking after those in their precious States departments, and other elected members who are looking after their constituents and have a clear sense of responsibility, and duty of care towards the public in general

What next - attending a meeting in a States building when part of the ceiling collapses and people get hurt and then the Government says hard luck, this saves answers from the maintence director and his department. 

Complete shirking of responsibilities by some of the elected, or maybe they are more interested in funding their foreign trips, and want to keep the pot topped up ?

Just noticed J. Macon voted  NO  that is a surprise.

BB
« Last Edit: August 12, 2011, 10:28:02 PM by boatyboy »

Offline danrok

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Re: Roads and Pavements legal liability in case of negligence
« Reply #3 on: August 13, 2011, 01:54:25 AM »
I would just sue, all the same, and sue those who voted against it.

This would not be an issue, if there wasn't so many pot holes - even on the precinct.

Online boatyboy

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Re: Roads and Pavements legal liability in case of negligence
« Reply #4 on: August 15, 2011, 12:01:34 AM »
As the conversations start about the coming elections, I have noticed in the voting in this thread by states members, something that keeps coming back into my head it won't go away.

I did put something up a couple of days ago, but that has not satisfied the anger inside.

My belief has always been paying taxes is actually necessary and right, because hospitals are needed and a caring society helps those that are unable to look after themselves.

What is really bugging me is that when you pay for something and people in the public sector use those taxes then you would think they are duty bound to come up with those services, but not in Jersey anymore. Just ask Constable Mike Jackson and his weak knee'd  friends all 29 of them.

As an example of a caring society see article below.

"Mr Kandiah can make a claim under the Riot Damages Act but he has to do it within 14 days so time is ticking. We want to give him advice, and we would do that free."

http://www.thisislondon.co.uk/standard/article-23977880-neighbours-rally-round-to-support-grocer-whose-livelihood-was-torched.do

You have probably guessed in one. Through no fault of his own Mr Kandiah who has a wife and two very young daughters to support, gets his living from a very small shop which through no fault of his own was ransacked by scum looters. He is now unable to sell anything because he has nothing and they even stole many of his shopfitting's.

Step in the Riot Damages Act. The authors and MP's who passed it obviously understood the problems that disenfranchised people have when put in this awful situation through no fault of their own.

Back to Jersey.

If you look above Constable Mike Jackson and twenty nine other lame brains who do not  understand if someone gets hurt due to the poor state of the roads ( heavy motorcycle hits pothole and collides with people at bus stop for example ) it is the responsibility of TTS of the States of Jersey.

They are given ( for given think " take millions of pounds in tax fom fuel and other taxes" ) to provide safe roads for people including women and children to cycle on.

With the mind set displayed by Mike Jackson and his adrift colleagues what will be offered next that we pay taxes for, but they have no real incentive to provide or do so safely, covering themselves by hiding behind these type of decisions. This is a dangerous precedent.

Goodbye Mr Jackson ( Constable of St. Brelade) and Minister for TTS and the road and transport network, who are you actually working for ? Clearly not the people of Jersey.

Boatyboy.
« Last Edit: August 15, 2011, 03:44:27 PM by boatyboy »

Offline man in the street

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Re: Roads and Pavements legal liability in case of negligence
« Reply #5 on: August 15, 2011, 01:26:42 AM »
would be interesting  to see what what would  happen if , a legal eagle  came to grief on  our great pavements(not), how quick would  mike  say "out of court settlement" get the broom out to sweep it under the very lumpy carpet.
 20 years ago, the up keep of the pavement was a regular sight , who remembers  the repointing and scabbling( deglazing/ roughing up) of the surface , ive not seen this for a long time .

Offline Calimachon

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Re: Roads and Pavements legal liability in case of negligence
« Reply #6 on: August 15, 2011, 05:20:33 PM »
If you look above Constable Mike Jackson and twenty nine other lame brains who do not  understand if someone gets hurt due to the poor state of the roads ( heavy motorcycle hits pothole and collides with people at bus stop for example ) it is the responsibility of TTS of the States of Jersey.

They are given ( for given think " take millions of pounds in tax fom fuel and other taxes" ) to provide safe roads for people including women and children to cycle on.

With the mind set displayed by Mike Jackson and his adrift colleagues what will be offered next that we pay taxes for, but they have no real incentive to provide or do so safely, covering themselves by hiding behind these type of decisions. This is a dangerous precedent.

Goodbye Mr Jackson ( Constable of St. Brelade) and Minister for TTS and the road and transport network, who are you actually working for ? Clearly not the people of Jersey.

Boatyboy.

Totally concur with your thoughts boatyboy.  Where is the duty of care?
TOMORROW (Noun) = A mystical land where 99% of all human productivity, motivation an achievement is stored

Offline admin

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Re: Roads and Pavements legal liability in case of negligence
« Reply #7 on: August 16, 2011, 03:57:53 PM »
A Poll has been added to this this thread to be found at the top of the page, it wil terminate in 21 days.

A chance to give your opinion.

Admin

Offline newmac

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Re: Roads and Pavements legal liability in case of negligence
« Reply #8 on: August 16, 2011, 09:24:57 PM »
Is it possible that some people voted against it due to the fact that our roads and pavements are in such poor condition :-\

Online boatyboy

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Re: Roads and Pavements legal liability in case of negligence
« Reply #9 on: September 04, 2011, 05:25:58 PM »

Mike Jackson not taking responsibility for the roads his department are supposed and paid to maintain.

See proposition and voting above, this is not  showing a duty of care by Minister / Constable Mike Jackson would he act the same in other areas towards his community. Can someone put up some good work that Mike Jackson has achieved while being in Power ?


Offline Calimachon

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Re: Roads and Pavements legal liability in case of negligence
« Reply #10 on: September 04, 2011, 11:11:47 PM »
Talking of pavements I think it is about time that food venues,  make a point of washing their own pavements outside of their establishments.  It used to be done as I can remember having to jump over puddles as a little girl, when the shop or restaurant hand mopped the pavement.

I as out on Sunday evening and we managed to park at the rear of an eating establishment with doors on that road and the pavement was so greasy and dirty.  I can remember the same smell as some of the less clean establishments in the roads of Benidorm.  I am not saying that the establishments themselves are unclean but the pavements definitely let them down.

There were holes in the pavement as well.

Cali

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Offline Chevalier Blanc

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Re: Roads and Pavements legal liability in case of negligence
« Reply #11 on: September 05, 2011, 04:40:04 AM »
The States do not care a dot about you or i and anybody else if they get hurt from bad pavements etc. They are paying out to much money in other places to be able to afford doing the repairs to roads and pavements.
Just take the top 10 highest paid States workers ( workers is not quite right when we talk about the bayleaf etc ) that money would repair quite a few pavements.
When they say something will cost X amount to do is wrong because wether the worker sits on his arse doing nothing it still costs the same as if he was working. They have to pay the man his wages so it should never be used as a cost to do something when we talk about States workers.
This is the reason why they got rid of the housing maintenance dept. They can now do work when tey choose instead of having to find work for their men to do. This says all the wages that they used to pay out but they have failed to do the maintenace which has been proved beyond doubt owing to the state the housinbg is in with their maintenace.
They have done the same with the roads but ask "Where has that money gone?" I would say into the keeping of the finance sweet so that the establishment and their pals get even more money into their bank accounts.
God i really hope that the public turn out to vote these establishment members out and get some real people in to look after this Island and it's people from bottom to top!

Offline Fritz

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Re: Roads and Pavements legal liability in case of negligence
« Reply #12 on: September 05, 2011, 05:11:32 AM »
Regardless of what TTS or The States say. If they were taken to task through the courts they would be found liable for any damages caused by their negligence .

Online boatyboy

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Re: Roads and Pavements legal liability in case of negligence
« Reply #13 on: September 05, 2011, 04:32:23 PM »

You are spot on Fritz,

An informed contact of mine says that TTS would pay up discreetly if challenged, and Mike Jackson actually has confirmed this, which goes to show that the law passed and voted for by Mike Jackson TTS Minister and the states, is not worth the paper it is written on.

You would have thought that the States members would have had some basic knowledge of how the negligence laws work, but worse wants to back a department who's job it is to fix the roads but trys to remove their responsibility.

http://planetjersey.co.uk/forum/index.php/topic,3303.0.html


BB