Mayo County Council being 'praised' for doing nothing to fix damaged footpaths

A MAYO councillor has described as 'nonsense' a decision by Mayo County Council's insurer not to claim liability for an elderly woman's fall on a footpath because it had not been fixed in 25 years.

Castlebar-based councillor Ger Deere told the monthly meeting of the Castlebar Municipal District that the local authority was denying liability in respect of a claim following a fall by a lady outside the Sacred Heart Hospital who he said was left badly insured and required medical attention.

Reading out a letter from IPB Insurance in respect of the claim against Mayo County Council made by the lady, Cllr Deere said the insurance company was using the legal defence of 'nonfeasance' to deny liability.

The letter he stated defies nonfeasance as a defence the local authority can use when a road or pavement which has been constructed to proper standards 'has simply deteriorated over time and there have been no negligent works carried out by the road authority'.

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“Mayo County Council Engineers have advised the footpath in question has been in situ for 25 plus years. No works have been carried out to the footpath by the council. The lip has developed over time,” he read from the letter.

Cllr Deere said that the footpath outside the Sacred Heart Hospital is one of the worst in Castlebar and felt the council were now being praised for not fixing the problem.

“The state of that footpath has been highlighted for the past six or seven years and because the council did not carry out any work it has deteriorated over time. They have been praised for not doing work. Did you ever hear the like? It says nonfeasance whatever that means but I think it's nonsense,” he told the meeting.

Cllr Derre also raised the number of tactile pavements for people with mobility issues which are in place around the town which do not have dropped kerbs to accompany them.

He explained that this has been brought to his attention by people with mobility issues and pointed out one located near the TF Royal Hotel and Theatre which is a problem for people attending events.

He asked for the council to address these issues saying they are simple things which they have to get on top of.

The state of the footpath outside the Sacred Heart Hospital has been raised by a number of councillors on a number of occasions with calls on the local authority to repair it.

David Mellett, Head of the Municipal District in Castlebar, explained that the council have received feedback on the draft footpath programme and the footpath at the Sacred Heart Hospital is emerging as a priority.