No. The existence of a defect does not in itself constitute a legal liability. The courts have accepted that we cannot be on hand at all times to repair or put right each and every defect or remove every piece of debris the moment it arises on the road.
We inspect the roads at regular intervals and arranges for repairs or removal of hazardous defects within a reasonable period of time. The courts have accepted that we are not liable if it has taken appropriate measures.