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A man from <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place w:st="on">Huddersfield</st1:place> has issued his local council with a £950 repair bill after claiming that his motorcycle was damaged by a pothole. Allen Jenkinson, 58, came off his GSX-R not far from his home on <st1:Street w:st="on"><st1:address w:st="on">Lipscomb Street</st1:address></st1:Street> in Milnsbridge last October. He claims that the bike's wheels locked as he braked after skidding on some loose chippings and he has now applied for compensation from the council.
Speaking to the Huddersfield Examiner, Jenkinson said: “I was brought off the bike by a pothole, the implications of which are far more far-reaching than the £950 worth of repairs required as a result. “Fortunately mine was a slow speed incident and I was uninjured, but injuries sustained in a fall from any motorcycle can range from fatal to paralysing spinal or career-ending arm or leg injuries, all of which is considered perfectly acceptable and not in breach of Kirklees highways department's health and safety responsibilities towards me or any other motorcyclist or two-wheeled rider. “Surely this cannot be right.”
But the council are fighting back, saying that the road was in acceptable condition when last inspected. A council spokesman said: “When potholes are reported to us they are acted on. That is in addition to the regular inspection of all roads.
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“A pothole can be dangerous at the time an incident takes place, but if it was not dangerous at the time of the last statutory inspection and the council has not yet been made aware of the danger then there is no legal responsibility on the part of the council for damage or injury.”
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Looking at the pictures, could be either. Shallow pothole with plenty of loose chippings right up by the stop-line. Just asking for a spill under heavy braking.
What pictures Wills?? You coulda added a link to them lol
How come every time I post a news item you seem to know about it already and in most cases know MORE than I post?
It's here:
http://www.examiner.co.uk/news/local-west-yorkshire-new...-20901225/
or on pages 10/11 of last Tuesday's Examiner with some pictures not used on the web page.
Sorry, assumed you'd picked it up from the Examiner.
I don't get the examiner, I can't afford to buy newspapers *cue violin* No need to apologise, I wasn't complaining just curious.
How come you get the Huddersfield examiner, do you have family connections here? Just curious as to why someone who lives in Liverpool knows about stuff that goes off in Huddersfield.
PML @ Matt 'google'
Nope, never been to Huddersfield in me life (so far), and never bought as much as a single copy of the Examiner.
Only contact I've had with the place is buying BMW bits from Motorworks in Holmfirth and, going back many years, Harold Wilson was a local MP here in Liverpool as well as prime minister, who ran round barefoot as a lad in Huddersfield. Or so he said...
looking at that tiny picture which is all hole by the way, how could some thing that big be ok on the last council inspection and how long ago was it 40 years ago!
That made interesting reading as my bike accident claim is against a council for the state of the road surface that caused the front tyre of my bike to deflect against a slip road surface and I have won but only on a 70/30 ratio, I am having to take 30% blame as they say I should have been more vigilant I don't agree with this but Councils are big people to fight in court so I have agreed on this split, I can't reveal details or pictures at the moment but will do once my case has been settled, it's now three years down the line but has been held up by in the solicitors words, "my severe injuries"
It would be interesting to know if anyone else has had this kind of accident and claimed against a council
It would be interesting to know if anyone else has had this kind of accident and claimed against a council
C G I imagine that would be quite a lot of people, judging by the state of the roads in the U K
Hi all, just to let you know that my stepmother successfully made a claim against hatfield council for damaged caused to her GPX750 when she parked it on tarmac that was fresh, but had no signes to say so, the bike was on its centre stand but the tarmac was to soft and it fell over, she claimed for the costs of repair and the labour. So it can be done!!
Hey CG are you a member of MAG? It may have been worth your while to bring all the details to the attention of your local MAG group, they lobby parlement so I should think a council is no obstical and they'd have more info/help than just a solicitor! (just a thought)
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