This hazard that was reported a year ago has now caused damage to a cyclist equipment. See report here...
http://www.adelaidecyclists.com/forum/topics/new-wheels-pot-holes-and-space
No doubt council will say "not liable in tort" or "we have an exemption from liability under section blah blah blah".
Here's a response you can run by a lawyer...
The hazard was reported 12 months ago, and the inaction by council to remove the hazard is FACTUAL CAUSATION of the damage occured.
There is NO EXEMPTION to this.
(NOTE: These comments are not made by, or been discussed with the cyclist who's bike was damaged. These comments are driven by the damage i have incurred over the years from bad roads, and the escape clause that road authoritys (and councils) use, pretending they did not know about a hazard and hence "Not liable in tort".)
Date: 20 May 2009 15:12
Subject: Hazard. Railway Tce Sth - Video footage
To: pobox1@unley.sa.gov.au
Regards
Date: 2009/5/16
Subject: Hazard. Railway Tce Sth
To: pobox1@unley.sa.gov.au
Corner Railway tce Sth and Devo St Sth
Regards






















