Defence used in Mayo falls claim described as 'nonesense'

AN insurance company has cited a defence in a falls claim that it says clears the council of liability as it hadn't carried out works to a footpath for over two decades.

“They're being praised for not doing work,” Councillor Ger Deere commented at a municipal meeting, where he described the whole matter as 'nonsense'.

Council insurers are of the view that the defence of nonfeasance was available in relation to a claim made falling a fall on a footpath, and they were denying liability as a result.

In correspondence they explained how nonfeasance is a legal defence which the road authority can use when a road or pavement, which, constructed to proper standards, has simply deteriorated over time and there has been no negligent works carried out by the local authority.

In respect of the claim, council engineers advised that the footpath in question has been in situ for 25 plus years. No works have been carried out on it by the council. A lip has developed over time.

Councillor Deere said the footpath, at the Sacred Heart Hospital, is the worst and they have been going on about it for years.

The lady fell a few months ago and suffered injuries. She had to get medical attention and was advised to seek some insurance cover for it.

However, a letter came back and he read out the contents outlined above.

Because the council didn't do any work and it deteriorated over time, they were being praised for not doing any work on it.

“It says nonfeasance but I think it's nonsense that,” he commented, saying it has to be highlighted.