Claims for compensation brought by road users against road authorities remain a significant issue across Australia. Further, the claims environment varies between jurisdictions (states and territories) and differences have been found in the understanding, urgency and policy responses to the key liability concepts and issues as they relate to highways. It is imperative to note that the objective of this report is to improve awareness and provide practical guidance. It is not a legal textbook or repository of case law, nor does it set out to provide legal opinion. This is the domain of a road authority’s legal representatives. The underlying principle adopted throughout this report is that preventing incidents occurring through sound asset management practices is a far better strategy than choosing to rebut or defend all claims received regardless of the scenario and technical issues involved. (Author/publisher)
Samenvatting