Eoghan Murphy (Dublin South East, Fine Gael)
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359. To ask the Minister for Justice and Equality if she will amend liability from ordinary negligence to gross negligence in so far as the maintenance of roads and footpaths is concerned. [46314/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I have no plans to introduce legislation that would have the effect of amending liability for maintenance of roads and footpaths from ordinary negligence to gross negligence. The liability of a public authority for failure to maintain public roads, which is governed by common law, distinguishes appropriately between non-feasance, where no action was taken, and misfeasance, where negligent action was taken. As the Deputy may be aware, a local authority is liable in cases of misfeasance only in cases of a positive act of negligence or of active fault.