Major legal win puts Councils on notice

From http://www.bv.com.au/join-in/42075/

Major legal win puts Councils on notice

3 March 2010. A highly significant court victory by a Melbourne bike rider has put local government under new pressure over the building of sub-standard bike facilities. "Fix it or you will be hit with large damages", is the message of the judgement.

Bayside City Council has to pay $229,000 damages to the rider as a result of the court decision.

The case involved a cyclist who in August 2005 was riding along the off-road bike path adjacent to Beach Road in Black Rock when his wheel came into contact with a bluestone retaining wall along the path.

The rider fell, striking a steel stanchion holding an 'Armco' safety barrier on Beach Road, and was seriously injured.

The 57 year-old recreational cyclist from the suburb of Parkdale sued Bayside City Council for negligence.

The matter was heard before His Honour Judge Coish in the County Court over five days. The plaintiff's lawyers, Wisewould Mahony, sought information on technical issues from Bicycle Victoria in preparing the case.

Evidence was presented on behalf of the plaintiff by Mr Andrew O'Brien, a traffic and road engineer, that the path did not comply with the requirements and recommendations of the AustRoads Standards or the VicRoads Cycle Notes.

Mr O'Brien told the court that the path design was deficient and that the combination of the bluestone edge on the path with the guard rail and posts was a "severe safety hazard".

He said that obstacles should be at least one metre from the path. At this location, with the bluestone directly abutting the path, there was zero clearance.

A suitable and safe treatment of the guard rail-shared path space could have been designed at minimal, if any additional cost, Mr O'Brien said.

Bayside City Council's expert witness, Mr Keith Mitson, a traffic engineer, expressed the opinion that the hazard in question did not increase the overall journey risk to the cyclist because frequent hazards existed on almost any cycle path.

The council said in evidence that the path was originally constructed in 2000 when the council's engineering services were outsourced. The bluestone retaining wall was added a short time later to prevent water and soil coming on to the bike path.

Bayside submitted that the crash was a 'freak' accident and that the risk was 'far fetched and fanciful'.

The Judge found that the council has breached its duty of care and awarded damages to the rider.

Further details of the technical issues revealed in this case will be added to the relevant section of this website soon.