My friend came off her bike due to burst water main freezing over the road can she sue the water company?

my friend came off her motorbike due to burst water main freezing over the road can she sue the water company for damages?

my friend had no injuries at all, only damage is to leathers helmet and Bike! I ride myself black ice is certanly very hard to see i have been cautious and still lost my back end a few times. Any large amount of ice and i'd be off too

Sure she can sue, she can sue for anything... but winning is another issue.

I haven't heard of anyone who has done this but I believe she has a good case so should try. It would be good to involve her insurance company. If it's a pro-bike firm like Carol Nash or Simon Lole, she would get a lot of information from them, maybe even legal aid depending on her policy.

This is a big issue for bikers - have a look here http://www.potholes.co.uk/?gclid=CMaV5ob...

Local councils are responsible for accidents when potholes have been reported but not fixed and there is a move to prosecute drivers who spill diesel fuel on the road which results in an accident.

What, you mean sue the water company for the fact that it was cold enough for the water to freeze? Essentially, sue the water company for not keeping better control of the weather? The only way you would have a case is if you could prove that the water company had prior knowledge of the water leak and hadn't responded to the leak in a fair and timely manner, thus proving they were negligent by not responding. Otherwise basically you are clutching at straws.

Any case would have to be based on the someone being negligent, did the water company know about the leak and take no action, did the local council highway authority know of the leak and take no action, if they had no knowledge of it and it was not there on the last inspection of the road then probably no luck in sueing. Even if successful some account would have to be taken of the prevailing conditions and in freezing weather anyone should take appropriate extra care and any award would be reduced if a judge felt this had not been the case. glad she wasnt hurt.

She could but it wouldn't be worth it most likely. Small claims wouldn't pay more than a few thousand, and a real court battle can take YEARS and with appeals she may never see a cent. She could call some lawyers and see what they think, it is possible that with a sharky enough one the utility co. would settle OOC.

What she needs to do is take this up with her insurance company and THEY will take it up with the utility company if they find it worthwhile- that is one function of having insurance.

If she didn't have collision and comp and personal injury on her policy she is SOL and also rather dumb to boot.

I'd say so, if she can say she was injured, and she was wearing all the necessary protective gear and such...
... but why sue someone? Spread love, not hate!! ^_^

Absolutely, Between them and the Highways Dept, they are responsible for the state of the roads and at the very least there should be adequate signage to forewarn of any dangers.

I think you have a case.

if she was injured like broke sumfin then id say so cos if it wasnt there it wouldent of happ would it but u could also sue the government for not putting good pipe in yesss hmmmm

Why? Because she can't read the road conditions? I wouldn't have thought so.

no, it was just bad luck.

Phone some solicitor company up that doesn't charge if you don't get compensation and leave it in their hands.