Page 9 - Bushwacker Nov 21.pub

Those dangerous potholes

Mark Weaver sent an email with the following for the Bushwacker, and I thought this is something we all need to be
aware of and act on in similar circumstances (editor):

Please forward this email to other road motorcycle & scooter riders and motorcycle clubs.
Motorcyclist Paula Tait was paid $304,138 by the Goondiwindi Council to compensate her for crash injuries caused
by a pothole. Given the dangerous neglect of rural roads in Victoria, riders who have crashed should get legal advice.
This applies to the loved ones of vic ms of fatal crashes too. The Law Ins tute of Victoria has a service where you got
the first half hour with a lawyer in your area free-of-charge so you can decide if you have a case and how to proceed.
referrals@liv.asn.au h1ps://www.liv.asn.au Tel: 03 9607 9311. Other states & territories should have similar
services.

Paula Tait's case in the Supreme Court of Queensland was the appeal in June 2020 following the original case in Qld
District Court in October 2019. Both case transcripts are listed on the web, just type Tait v Goondiwindi or
Goondiwindi v Tait into your search box. The news item was on nine.com.au . It has been removed or delisted now
so it's just as well I printed it. It looked as though it was to be a TV news item (maybe today at 4pm or 6pm) it
featured an animated representa on of the accident as well as an interview with a Greg Hallam, CEO of the Local
Government Associa on of Queensland. Also featured was an organisa on called SNAP,SEND,SOLVE, which
apparently has an app that ci zens can report road faults/hazards to the relevant Council. The story follows.
Chris

MRAA

Injured Motorcyclist wins $300,000 in damages over pothole
injury. By Marina Trajkovich 8.01pm Oct 25, 2021.

A woman who took Goondiwindi Council to court over a pothole
she said injured her has just received a six-figure payout. Paula
Tait alleged that the pothole, which measured 1m long and 20cm
deep, caused another rider and herself to fly off their motorbikes.
The pothole had been created on the highway north of
Goondiwindi, 350km west of Brisbane, during a period of flooding.
Warning signs installed by the council in days prior had blown
over. Goondiwindi Regional Council has been ordered to pay more than $300,000 in damages in a landmark case
promp ng fears from local government. Legal experts warn the case will set a precedent for other councils around
the state, which are now more vulnerable to liability ac on at ratepayer's expense. Greg Hallam, CEO of the Local
Government Associa on of Queensland, is pushing for the legal hole to be filled in to protect councils from
exorbitant payouts.
"To mirror NSW and give specific protec ons to councils going about their ordinary business, opening and closing
roads during a flood period," he said. "This is a major issue for all of Queensland." With millions of kilometres in
roads to maintain, some councils are considering lowering speed limits and installing permanent warning signs in
efforts to prevent payout costs.
Greg Spinda, from law firm Maurice Blackburn, said councils should be held accountable. "The reality is they've got
motorist's lives in their hands," he said. "It's absolutely cri cal they take steps immediately, reasonable precau ons
to ensure those potholes are fixed."

Damien Codogno1o OAM
Motorcycle Riders Associa on Australia
PO Box 2102, Howrah, Tasmania 7018.
www.facebook.com/damienkcodogno1ooam

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