Cyclist claims £50,000 after pothole fall

12/06/2014 | HIGHWAYS REPORTERS

A cyclist who was thrown from his bike after hitting a pothole is suing Gwynedd council for £50,000 damages.


Melvyn Griffiths, 56, from Blaenau Ffestiniog, who lost control and went over the handlebars, suffered head injuries and broken bones in the crash,

The BBC reported he has been granted permission to challenge a previous decision which blocked his bid for damages last year.

The case puts the legal spotlight on local authority duties to repair defects in the road.

Mr Griffiths has won the right to argue his case before three of the country's most senior judges at the Court of Appeal in London.

He received injuries to his back, knees and hand in the crash at rural village Croesor in May 2009. He had two broken bones and damage to his teeth as well as head injuries, causing tinnitus.

The court was told he had just crested a hill, when he swerved to avoid gravel and manure in the road. His front wheel went into a pothole and he crashed.

His counsel, Russell Moffatt, argued that the pothole was 80-100 millimetres deep and the council, as highway authority, had been legally obliged to repair it within 24 hours.

The barrister argued that the council had breached its duty to maintain and repair the road under section 41 of the Highways Act 1980.

In December last year, Judge Anthony Seys Llewellyn absolved Mr Griffiths of council claims that he had ridden too fast down the hill.

But he dismissed the cyclist's damages bid, saying that the pothole was not dangerous and that a ruling in his favour would place too demanding a burden on local authorities to constantly repair defects, particularly on isolated rural roads.

But Lord Justice Aikens, granted Mr Griffiths permission to challenge that decision.

The judge, who said he was a keen cyclist himself, ruled that Mr Griffiths had an arguable case that the pothole posed a foreseeable danger to road users and that the council had breached its duty in failing to repair it.

A date has yet to be set for the appeal hearing.

A Gwynedd council spokesperson said it would be inappropriate for the authority to comment on an ongoing legal matter.

Highways InProfile

latest magazine issue
Highways jobs

Director of Transport

£112,924
East Midlands Combined County Authority (EMCCA) is on a bold journey. East Midlands Region
Recruiter: East Midlands Combined County Authority

Ferry Host - WMF3049i

£25,584 - £25,992
Ferry Host - WMF3049i Windermere, Cumbria
Recruiter: Westmorland and Furness Council

Director of Streetscene

£94,972 - £108,767
We continue to have big ambitions for our borough Fareham, Hampshire
Recruiter: Fareham Borough Council

Principal Engineer - Urban Traffic Control (UTC)

£44,711 - £49,764
Liverpool is home to vibrant, energetic and engaged communities. Liverpool, Merseyside
Recruiter: Liverpool City Council

Roadworker/Driver

Grade 6 £25,183 - £25,638 per annum (Pay Award Pending)
We’re looking for Roadworker/trainee LGV drivers to be part of our team Derbyshire
Recruiter: Derbyshire County Council

Project Chargehand (2 Posts)

Grade 9 £31,344 - £33,253 per annum (Pay Award Pending)
We’re looking for experienced Project Chargehands to be part of the Highways Construction Services team Derbyshire
Recruiter: Derbyshire County Council

Lawyer 2- Planning and Highways

£49,764 - £54,181
We are looking for a fresh thinking and enthusiastic Planning and Highways Lawyer Hereford, Herefordshire
Recruiter: Herefordshire Council

Development Engineer

£35,967 - £41,268 per annum
Are you ready to play a key role in shaping and safeguarding the future of our highways and public spaces? Bexley (City/Town), London (Greater)
Recruiter: London Borough of Bexley

Professional Services Partnering Manager

Grade 13 £47,653 - £51,296 per annum (pay award pending)
We are seeking a dynamic and experienced Professional Services Partnering Manager to lead the strategic management Darley Dale, Matlock
Recruiter: Derbyshire County Council

Technical Supervision Manager

Grade 13 £47,653 - £51,296 per annum (pay award pending)
We are looking for an experienced and driven Technical Supervision Manager to lead our technical supervision teams within the Highways Service. Derbyshire
Recruiter: Derbyshire County Council

Street Lighting Electrician (CDC)

Grade 8, £32,662 - £36,239 (pay award pending)
Highways Operations is a growing service area within the Place directorate. Doncaster, South Yorkshire
Recruiter: City Of Doncaster Council

Highways Assistant Engineer WMF2133e

£39,513 to £40,476
We have an exciting opportunity for the right person to work within the challenging and ever-changing landscape. Penrith, Cumbria
Recruiter: Westmorland and Furness Council

Highways Inspector/NRSWA

£36,345 - £40,344
We are looking for an organised and self-motivated individual to join our Streetworks Team based in Hackney Central. Hackney, London (Greater)
Recruiter: London Borough of Hackney Council

Structures Commissioner

Grade 14 £53,166 - £59,080 per annum (Pay Award Pending)
We are seeking an experienced and strategic leader to join our team as the Structures Commissioner. Derbyshire
Recruiter: Derbyshire County Council

Team Leader Network Co-ordination

£51,429 - £58,140
As Team Leader for Network Coordination, you’ll manage a team that oversees all works and events on our public highways. Kensington and Chelsea, London (Greater)
Recruiter: The Royal Borough of Kensington & Chelsea Council

PRINCIPAL TRANSPORT PLANNING OFFICER

£43693 - £46731
We have an exciting opportunity for an experienced professional to join our team in Hull as a Principal Transport Planning Officer. Kingston upon Hull, East Riding of Yorkshire
Recruiter: Hull City Council

HIGHWAYS AND TRAFFIC ENGINEER - 4 POSTS

£43693 - £46731
We have several exciting opportunities for suitably qualified Highways Civil Engineers and Traffic Engineers Wilson Centre, 1st floor, Hull HU1 2AG
Recruiter: Hull City Council

Principal Transport Planner

£45,718 to £49,764
Do you have considerable experience in the transport strategy and policy, and are you looking for your next career development opportunity? Sheffield, South Yorkshire
Recruiter: Sheffield City Council

Project Lead - Bridges and Structures WMF3037e

£45,718 to £46,731
We are currently seeking to recruit a Project Lead to join our Bridges and Structures team Kendal, Cumbria
Recruiter: Westmorland and Furness Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW