Does God create potholes?

Galea. L

May 17th 2009, 13:43

S. Camilleri
It has long been established that all those who damage their vehicles can sue for damages.

Law students study at least three such cases. One refers to a certain road in Zabbar where the road was higher than the fields on both sides and the road collapsed under a truck that ended in one of the fields. The government was ordered by the court to pay several hundred Malta liri in damages because those responsible had not carried out proper maintenance of the road.

Another case refers to a Dyna Motor Company tourists coach which was passing near the Turkish cemetery in Marsa and the sewers inspection cover flew up and damaged the vehicle and its air conditioning and the government was ordered to pay more than 1000 Malta Liri in damages.

A one time one of the Hal-Kirkop tunnels under the runway was closed and one tunnel was being used both ways. An accident happened and the Commissioner of Police was ordered to pay 2/3 of the damages suffered by a certain Dr Vassallo because the court considered there were not enough signs and policemen to warn the drivers.

S. Camilleri

May 16th 2009, 20:27

@TRW O'neill
You could be on to something here. Problem is who is to take it forward. If every car license holder were to contribute just 1 euro a year, that would easily help to employ two full time lawyers to handle these compensation claims. It could also suffice for a class action case and once a precedent is set the rest becomes history ...

TRW O'Neill

May 16th 2009, 19:01

Could not a fund be started up,? where everybody who deplores the bad roads pays 01Euro, it will raise at least enough to pay a Notary to take the Govt. to the E.U Court of Justice, to force the Govt to explain why they are not making sure that roads are up to standard, & will also force them to get rid of the more than sub standard Contractors who have done such shoddy work, ( possibly paying Govt officials to turn a blind eye, to shoddy workmanship) QED.

James A. Tyrrell

May 16th 2009, 15:14

Don't you pay Road Tax like we do in the UK? If that is the case then the money you are paying is for the upkeep of the roads you are driving on. If those roads are in a badly potholed state then the local council in that district as the representative of the Government who collected your money are in breech of contract are they not?

GiovDeMartino@Charles Sammut

May 16th 2009, 15:09

VOTE Alternattiva or AN and they will certainly fix the roads in no time at all. Kemm haw min jiflah jghid hmerijiet. As if by not voting you'll solve the problem!!!!!!!!

John Meli

May 16th 2009, 14:44

I quite agree with the statement of Charles Sammut when he stated "pothole covered with rain water is not an act of God because although the rain is an act of God, but the pothole is caused by poor workmanship and non-existent proper maintenance."

This is the result of bad workmenship performed by staff employed or engaged through the local council. An American tradesmen who does such work on noticing local workers filling partly or half of the hold with hot asphalt, told me that that is bad workmenship, because they still have to do first some tar spray into the hole, and then press it with a heavy roller to press it, otherwise it could return to it's former state. In fact one week later it rained and this person whom I was again meeting told me to go and see the hole.

In fact the hole was back to square one. So the maintenance of roads are not being done professionally or properly and the Council is 100% responsible. Contact an American or English tarmack road contractor to give you his opinion on how repairs should be made, and then sue them just the same.

Galea. L

May 16th 2009, 14:07

Matthew Borg
It the road in question falls under the responsibility of the local council then the local council is responsible and liable for damages.

Galea. L

May 16th 2009, 14:05

Stanley Farrugia Randon
You should have filed a case in court and held them liable including for all expenses.
Those responsible for roads are liable for damages.
In fact, everyone is liable for his actions or lack of action.
There were many court cases where the government and even the Police Commissioner were held responsible for damages.
Whenever you suffer any damage such as you have mentioned take photos, file a report immediately with the police and ask for a copy, if possible have witnesses, see who is responsible for the road maintenance and claim your expenses.
If they don't comply ask your lawyer to write to them and if they remain recalcitrant file a case in court.
If everyone starts doing this they will start being more responsible.
However, I would like to see those responsible being held PERSONALLY responsible because it is not right that it is us the taxpayers that have to make good for their incompetence.

Mr.Harry Boyce

May 16th 2009, 13:26

Mr. Farrugia when it come to money never argue with the locals, they regard it as their god first and foremost and getting a refund or a part payment in return for damage caused to your car, we know verywell its not an act of God but more like carelessness on behalf of the local council who are inturn cashing in on road tax and subsidies from the eu. G'day Harry Boyce (pensioner)

carmel pule

May 16th 2009, 12:55

As an examiner, I do try to keep standards and I award TITLES according to SUBSTANCE. However recently I was told that I expect too much substance for the highest titles and according to new Maltese accreditation levels, I should award the highest titles to a lower substance.. Perhaps that would explain the state of our roads as the titles of ROAD CONSTRUCTORS should be awarded to those who have the substance as the road makers in other countries where it rains much more than it does in Malta. Try and ask some DIRECTORS and CONTRACTORS the contents of their SUBSTANCE and you shall find that AMATEURS could have the highest titles, even in Politics and even higher up.

Charles Sammut

May 16th 2009, 11:23

If we had a serious opposition in Malta, it would organise an official complaints system and start hauling those (ir)responsible for the disastrous state of the roads to court to be held accountable for the damage done.

A pothole covered with rain water is not an act of God because although the rain is an act of God, the pothole is caused by poor workmanship and non-existent maintenance. What should be the state of the roads where it rains for days on end like in Ireland and England, Belgium, Holland and Scotland?

Is there some 'special' relationship between the road building conractors and the political parties? I will never vote PN/PL again as long as this state of affairs continues.

TRW O'Neill

May 16th 2009, 11:02

I would suggest that it is about time that a protest walk about the state of the roads in Malta, be organised in Valletta, thousands of objectors would turn up, it would certainly make politicians take some notice, Bad Publicity is always a reason for action. It could even lead to the Roads actually being rebuilt correctly, sack the present contractors. friends of Politicians obviously.QED

Matthew Borg

May 16th 2009, 09:55

There has been case law in the past pertaining to the poor state of roads, and from what I know, the majority of the times it is the plaintiff bringing this case against the Roads Department that wins the case. Therefore the excuse that the state of these roads is an "act of God" is nothing more than a pathetic excuse by the Council, although they aren't the ones who are liable per se. This also confirms that it is possible to bring a suit for the maintenance and repair of our roads, but in reality, does it make sense when in all probability, it costs more to initiate the case (with Court fees and all) rather than to fix the car?