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

Electrical Design Engineer

Grade 9 £34,314 to £37,938 - Grade 10 £37,035 to £40,476 - Grade 11 £39,513 to £43,693 - Grade 12 £42,708 to £46,731 p.a.
The Construction Consultancy Services (CCS) team provide client-side construction consultancy services across a range of professional disciplines to d Durham
Recruiter: Durham County Council

Park Operations Assistant - Thorndon Country Park

Up to £12540.50 per annum
This is a permanent, part time position on an annualised hours contract. This means you will be contracted to work a minimum of 964.59 hours per yea England, Essex, Brentwood
Recruiter: Essex County Council

Principal Transport Planner (Strategy)

£46,731-£49,764
We are looking for an experienced professional to join North Northamptonshire Council as a Principal Transport Planner (Strategy). Sheerness House, 41 Meadow Road, Kettering moving to Haylock House, Kettering Parkway, Kettering NN15 6EY, United Kingdom
Recruiter: North Northamptonshire Council

Highways Capital Delivery Manager

£50,788 - £52,805
To be responsible for the implementation of Welsh Government’s Renewal and Upgrade programme. Baglan, Port Talbot
Recruiter: South Wales Trunk Road Agent

Senior Engineer x 2

£47,532 –£55,620 per annum
Our people are deeply committed to providing excellent services to our residents, doing all we can to make lives as good as they can be. Hounslow (City/Town), London (Greater)
Recruiter: Hounslow London Borough Council

Senior Highways Engineer

£50,754 – £53,607 per annum
Our people are deeply committed to providing excellent services to our residents, doing all we can to make lives as good as they can be. Hounslow (City/Town), London (Greater)
Recruiter: Hounslow London Borough Council

Highways Capital Lead

£47,754 - £50,788
To be responsible for management of the Regional Highway Capital Delivery Teams South Wales
Recruiter: South Wales Trunk Road Agent

Senior Development Management Engineer

£37,938 - £44,711
In line with our One Coventry Values, we want to ensure that our communities are represented across our workforce Coventry, West Midlands
Recruiter: Coventry City Council

Head of Highways

£66,366 - £85,284 pa
Highway Operations is a large division within the Planning, Growth & Infrastructure. Enfield (City/Town), London (Greater)
Recruiter: Enfield London Borough Council

Circular Economy Officer - FTC till the 31st March 26

£26526.00 - £31208.00 per annum + + 26 Days Leave & Local Gov Pension
... England, Essex, Chelmsford
Recruiter: Essex County Council

Director Highways, Transport & Waste Management

up to £120k
There for Nottinghamshire. There for each other. There for you. Nottinghamshire
Recruiter: Nottinghamshire County Council

Director of Highways and Transportation

£126,909
We’re seeking a dynamic and innovative leader to spearhead our Highways and Transportation services. Essex
Recruiter: Essex County Council

Senior Structures Technician

£32,654 - £36,124 plus circa £2000 - £4000 OT (variable
To lead on the planning, delivery and reporting of the highway structures General Inspection programme. Baglan, Port Talbot
Recruiter: South Wales Trunk Road Agent

Assistant Director of Place Operations

£85,962 to £93,267
Bury is a proud and prosperous borough Bury, Greater Manchester
Recruiter: Bury Council

Career Grade Transport Planner (Carer Grade 6-8)

Grade 06 (£29,093 - £32,654) TO Grade 08 (£37,938 - £41,511)
This is a fantastic opportunity to work for a forward thinking and dynamic transport authority located in the heart of the North West Warrington, Cheshire
Recruiter: Warrington Borough Council

Principal Performance and Assurance Manager

£Competitive
We have an exciting opportunity for a highly motivated Principal Performance and Assurance Manager to join our Senior Management Team SBIM Avonmouth, Bristol
Recruiter: Amey

Principal Construction Manager

£Competitive
We are excited to offer a fantastic opportunity for a Permanent Principal Construction Manager to join our dynamic Area 12 West Yorkshire
Recruiter: Amey

Electrician

£Competitive
We are excited to offer a fantastic opportunity for two Permanent Electricians Tingley, Wakefield
Recruiter: Amey

Principal Engineer – Structures Capital Delivery

£43,693 - £47,754
To act as one of the Agent's technical experts for highway structures schemes and related issues South Wales
Recruiter: South Wales Trunk Road Agent

Senior Engineer Programme Management

£36,124 - £39,513
To support the Principal Engineer ensuring effective co-ordination, programming and contract administration. South Wales
Recruiter: South Wales Trunk Road Agent
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