Forensic Engineering - Public Liability

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There are a certain amount of individuals who believe that claims against public bodies such as local County Council's, Corporations, Water boards, etc. are an easy target for personal injury claims. That is not so. Civil Liability Acts safeguard liability, in certain circumstances the terms used being misfeasance and nonfeasance.

Misfeasance - The performance of an act, which might lawfully be done, in an improper manner, by which another person receives an injury. It differs from malfeasance, or, nonfeasance.

It seems to be settled that there is a distinction between misfeasance and nonfeasance in the case of mandates. In cases of nonfeasance, the mandatory is not generally liable, because his undertaking being gratuitous, there is no consideration to support it; but in cases of misfeasance, the common law gives a remedy for the injury done, and to the extent of that injury.

Nonfeasance - A failure to act when under an obligation to do so; a refusal (without sufficient excuse) to do that which it is your legal duty to do. Failure to perform a required legal duty.

Local authorities and public bodies can do much to protect themselves against actions for personal injury claims, however experience has shown that this is not the case. Some of the areas that must be covered are: -

* Response to accident claims
* Lack of experienced accident investigators
* Discovery of documents incorrect
* Statistical records incorrect
* Lack of regional ownership

JGMA run courses for local authority management that assist them to address such issues and provide them with hands on advice during such periods of litigation.

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