Spoke to a lady today whose SLK 250 was damaged to the tune of over £2000 by a pothole incident. Apparently if the council put white lines around a pothole they aren't liable...is that right?
I'd have thought the opposite. If they know it's there they can't deny liability.
I not sure exactly what the deal is legally, but I think that once a pothole is officially reported (i.e. via a council's online/phone reporting system or possibly via fixmystreet) that they get a certain number of days to fix the problem - I'm not sure if they are liable for any damage to vehicles once the report has been made or just after the two working day (possibly) 'fix' period.
I think this is why many now have categories for such problems - my county council (Hertfordshire) has criteria for estimating the severity of the pothole (and other problems [different criteria, obviously]) - you choose from a range of depths and diameters, and can give both text extra info and can upload photos to make their descisions easier to make.
I think, for them anyway, if a pothole is under 2inches/50mm deep and/or less than the width of a football, then its a lower risk and they just monitor its deterioration, after an employee (a contractor) checks the pothole and rings it with spray paint if it needs repair. The low category just get left, the high category get marked and normally, but not always, fixed within 2 working days. Not sure about the 'liability thing' as regards the spary painting, given you can't always see them.
I agree that the spray painted circles cannot always been seen in time (especially at night or if its raining heavily) and you can't always safely take avoiding action, especially if you either don't see it until the last second (not helped if its full of water) or there's nowhere to go (e.g. if you're boxed in by a width restriction or island, etc).
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