Road tar damaged my tyres - is the council liable?

In June this year I came across a freshly resurfaced B-road. I kept my speed below 20mph and could hear the odd stone chip under the car. When I turned into my gravel driveway all four wheels become 'pebbledashed'. I took the car out to try and drive the gravel off but it was like being on roller skates, as both steering and braking were seriously impaired.

I telephoned the local council to complain and was told that I was not the only person to have had the problem. Evidently the tar goes down as a water-based slurry and under normal circumstances converts to hard tar very quickly. The subsequent rain kept the solution as slurry, which coated my tyres (along with the entire lower half of the cars paint work). I had to pay for the car and wheels to be cleaned up and for a new set of tyres. Do you think I have a legitimate claim for reimbursement of the expenses incurred?

Asked on 20 October 2012 by MH, via email

Answered by Honest John
Definitely yes, because if the tar surface was unsuitable to drive on then you should have been warned. Threaten a Small Claims Track action if the council does not oblige.
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