Assess a roads authority’s non-feasance defence before suing over a road or footpath injury
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the incident details, photographs, the authority’s inspection and maintenance records and any complaints or reports obtained, build a source-tagged chronology of what the authority knew about the particular risk and when, and of any repair or inspection activity, and identify which authority had care and control of the area.
- What the lawyer must review
- The lawyer decides whether the claim alleges a failure to carry out roadwork, whether the authority had actual knowledge of the particular risk, whether the defendant is the authority with care and control, and whether to proceed, and advises the client.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the incident details, photographs, the authority’s inspection and maintenance records and any complaints or reports obtained, build a source-tagged chronology of what the authority knew about the particular risk and when, and of any repair or inspection activity, and identify which authority had care and control of the area. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Request the authority’s inspection, complaint and maintenance records for the specific location.
- Check which authority exercised care and control of the area in practice.
- Check each chronology entry against the record it cites.
Sources
- Civil Liability Act 2002 (NSW) s 45 — Special non-feasance protection for roads authorities · 2026-10-18
- Wotton Kearney — Tripping up on section 45 of the Civil Liability Act · 2026-10-18
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.