 |
RECENT CASE LAW
The “pothole plague,” and suing for damages
The plague of potholes infesting many of our roads is not just an inconvenience to drivers – the danger of serious injury and damage is high. If you suffer any loss from an accident caused by defective public roads or pavements, take advice immediately on suing whichever authority is responsible for the road’s maintenance.
In three recent cases, the relevant authorities were held to be negligent and liable for damages: -
1. One case concerned a R7.6m claim by a cyclist seriously injured when he tried to avoid a large pothole;
2. Another, a vehicle that rolled due to the height of the tarred surface above the shoulder (claims exceeding R10m);
3. The third, a person who injured herself after tripping over a “depression” in a city pavement.
Of course you must still use all public thoroughfares with due care – the cyclist was held to have also been negligent, and was accordingly awarded only 60% of his damages. But the courts have sent a clear signal to government departments and municipalities that they have a duty to keep our roads and other public areas in a reasonable state of repair.
|
