Thread: Oh ... FFS 2

Originally Posted by cyrille

No, discomfited or joined up, it's all the same anyway.

discomforted adults in the w/eastern realm experience moments and lifetimes of jittery discombobulation.

Yes, but a council neglecting a sidewalk, allowing large cracks to develop that will cause people to trip and fall over hurting themselves is entirely expected, and can have something done about it.

if you are walking and see that the pavements are seriously cracked, the sensible option would be to walk slower and take more care.

Originally Posted by taxexile

if you see that the pavements are seriously cracked, the sensible option would be

for the council to fix them before someone gets seriously hurt.

for the council to fix them before someone gets seriously hurt.

in your perfect world, yes.

but who lives in this perfect world.


so, in the meantime, keep your fxcking eyes open.

Another lecture in personal responsibility from a man who has none. ¯\_(ツ)_/¯

Originally Posted by David48atTD

A tree, not planted by me, on the Council verge, the roots had lifted the slab up maybe half an inch.

So you should have sued the council for damages, silly man.

Originally Posted by TheRealKW

So you should have sued the council for damages, silly man.

Ah ... but it wasn't the tree roots which tripped the person, it was the lifted pavement.

Sure, if the case went to court, easy enough to prove it was the councils fault but ...


The Council accepted the tripping case.

The cost to engage a Lawyer/Solicitor, court fees etc.

Cheaper and easier to re-lay the footpath.

The Law is a complex and definitely and expensive beast.

Originally Posted by David48atTD

Ah ... but it wasn't the tree roots which tripped the person, it was the lifted pavement.

Didn't say it was. But your lifted pavement was caused by their tree incorrectly placed, or incorrect type of tree or incorrectly maintained and damaged your property

Originally Posted by David48atTD

Cheaper and easier to re-lay the footpath.

So you chose to pay, not the law's fault then, was it?

Originally Posted by David48atTD

The cost to engage a Lawyer/Solicitor, court fees etc.

Have you actually used a solicitor before? Not as expensive as you are making out. I doubt you would have needed to go to court, probably a single letter for less than $100 would be enough to make them back off and shoulder the expense. And you can ask for costs as well, you know.

Unless, of course, this whole story is a tale and not as black and white as you make out...

Originally Posted by David48atTD

Initially the Council directed me to completely re-lay the concrete driveway ... easily $3-4,000 but after negotiation, settled for me to dig up and re-lay THEIR footpath/pavement

Cost was $1,200, and I had to get rid of the old footpath.

Wow, negotiator

Originally Posted by TheRealKW

Didn't say it was. But your lifted pavement was caused by their tree incorrectly placed, or incorrect type of tree or incorrectly maintained and damaged your property

But the tree, most likely wasn't planted by the Council, but by a previous owner of the property.

The tree isn't huge, maybe 3 metres root to crown.

The damaged item, 'the footpath' which caused the injury wasn't 'mine'.

But the Law says that I am responsible for that part of the verge/footpath/pavement at the property egress.

Originally Posted by David48atTD

But the tree, most likely wasn't planted by the Council, but by a previous owner of the property.

Originally Posted by David48atTD

But the Law says that I am responsible for that part of the verge/footpath/pavement at the property egress.

you bought the property---including the tree.

the law determined you were negligent, and you were lucky to get off as lightly as you did, dodgy dave.

Originally Posted by David48atTD

But the tree, most likely wasn't planted by the Council, but by a previous owner of the property.

Aaaah, so you were at fault then, you assumed fault when you purchased the property from previous owner.

Problem solved.

The law did get it right.

^ ^^ This is getting a little silly now.

The tree is on the footpath/verge ... I can't buy public land.

Originally Posted by David48atTD

But the Law says that I am responsible for that part of the verge/footpath/pavement at the property egress.

Quite right too.

Originally Posted by David48atTD

The tree is on the footpath/verge

the law disagrees, dodgy dave.

Originally Posted by David48atTD

Cost was $1,200,

Serves you right for neglecting to check the footpath at the egress of your property daily, something every lawful property owner should do

Originally Posted by TheRealKW

Shouldn't every tax paying citizen be able to walk down a sidewalk safely?

Yes but shouldn't people be held accountable for not being stupid? Look I get there is a boundary for this. There should be accountability on both sides. But...... we know most are looking for an angle to exploit it. Not make it better.

Originally Posted by JPPR2

Yes but shouldn't people be held accountable for not being stupid?

how is the woman in dodgy dave's OP "being stupid"?

she witnessed what she thought was a horrible accident ( someone's head going under the wheel) and the driver was found negligent. She was subsequently diagnosed with PTSD and was unable to work..and presumably had considerable time in therapy. the court awarded her about US$100,000...and she only pocketed about 65,000. seems within reason to me.

so again...how was she 'being stupid'?

This thread is riddled with such holes.

The difference between 'being stupid' and 'being wronged' often seems to be a question of whether something happened to someone else or to you.

For example in Thailand if you buy land and build a house on it but the land you thought you'd bought actually turns out to be national park land. 'Stupid' when your mate does it, 'typical rip off Thailand' when it's you.

Originally Posted by cyrille

This thread is riddled with such holes.

Our commune (council) hasn't got the money to send folks round to check for pavement cracks.

Instead of complaining, Willy should give his council the heads up, when he see a crack.

Exactly what we do

If you see a pothole or such; you grab your phone, take a snap and the pic and coordinates are with the roadpeople pronto

It's called an APP

Lawyers might hate it

Originally Posted by taxexile

if you are walking and see that the pavements are seriously cracked, the sensible option would be to walk slower and take more care.

I think it used to be a 3/4", after which the council becomes responsible from a 'reasonable' period after it is reported to them.

Doesn't take much to tip even a careful geriatric. Years back my mum fell awkwardly and ended up in hospital, turned out the crack had been reported to the council some 5-6 years earlier and a couple of times since as the pothole degraded further. Can't remember how much she got, but the council guy was keen to settle after a known sjw local reporter turned up asking politely why it takes so long to fix a hole.