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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1944
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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afriend of mine broke their ankle on a public footpath which

Resolved Question:

afriend of mine broke their ankle on a public footpath which was poorly repaired or constructed have they a case thabnks
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.
Yes, your friend may potentially have a case as a result of badly repaired footpaths which caused her to break her ankle

In Ireland,the law of tort observes a distinction between nonfeasance and malfeasance in relation to the tortious duties of local authorities. The distinction matches that of omission and commission. Nonfeasance denotes a failure to act, while malfeasance denotes a positive action. Liability only attaches to malfeasance. Local authorities cannot, then, be held liable in tort for failing to maintain and repair a road, however serious the disrepair of the road may be. They are liable only for acts of a positively negligent character where some manner of intervention creates the subject of litigation (McMahon & Binchy, 2000). So, where a road has been well constructed initially but wears out over time because of use and weather, local authorities are not legally liable for loss occasioned by safety defects. Nonetheless, this nonfeasance defence should only be relied upon where authorities are confident that the road in question falls within these limited circumstances. The confines of the nonfeasance defence have encouraged a certain amount of judicial creativity about its applicability to concrete situations. After all, for many roads, there will
5have been some manner of reconstruction and resurfacing during their history. Accordingly, although the nonfeasance-malfeasance distinction offers local authorities some immunity from liability in certain circumstances, they often labour in some uncertainty about the extent of their duties in tort.
Customer: replied 1 year ago.

In this case the path was badly repaired by the council and the repairs had eroded to a rough edge not a proper path edgeSo could it be argued by thier corective actions they had caused it to be more dangerous?? councilhad marked the edge with yelow paint as if maybe they intended to fix it thanks

Expert:  Ronan replied 1 year ago.
Once you have a shoddy repair, you have a case, so yes, it should be argued that their corrective works made it more dangerous. Obviously you ll will need a engineers report to indicate this
Ronan, Solicitor
Satisfied Customers: 1944
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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