---
title: "Assess a roads authority’s non-feasance defence before suing over a road or footpath injury"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/assess-a-roads-authority-s-non-feasance-defence-before-suing-over-a-road"
type: "task"
site: "AI Law Framework"
id: "A21-W20261018-6"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Assess a roads authority’s non-feasance defence before suing over a road or footpath injury

> 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…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/assess-a-roads-authority-s-non-feasance-defence-before-suing-over-a-road  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Request the authority’s inspection, complaint and maintenance records for the specific location.
2. Check which authority exercised care and control of the area in practice.
3. Check each chronology entry against the record it cites.

## Notes

- 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.

## Sources

- [Civil Liability Act 2002 (NSW) s 45 — Special non-feasance protection for roads authorities](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s45.html) (checked 2026-10-18)
- [Wotton Kearney — Tripping up on section 45 of the Civil Liability Act](https://www.wottonkearney.com/tripping-up-on-section-45-of-the-civil-liability-act/) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/personal-injury-and-compensation/assess-a-roads-authority-s-non-feasance-defence-before-suing-over-a-road/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*