POTHOLE DAMAGE RULING - GOVERNMENT BADALA!

By Garry Hertzberg and Natasha Sonblo of hersalaw.co.za

An unfortunate car accident on a wet road resulted in severe injuries to a driver on a regional route in the Free State. The driver claimed that she lost control of her vehicle after driving through an unseen pothole. This loss of control led to the car skidding, veering off the road, and ultimately overturning.

The driver subsequently sued the Department of Roads and Transport in the Free State High Court, arguing that their failure to repair the pothole caused the accident and her injuries. The Department, however, denied the existence of the pothole and contended that it could not be held liable.

During the trial, evidence was presented, and the judge conducted an inspection in loco. The inspection, along with photographs depicting skid marks, led the judge to conclude that the pothole was the most probable cause of the accident. The judge found that the Department should have reasonably foreseen the possibility of injury to road users due to their failure to repair the pothole or to provide adequate warnings of the hazard.

The Court held that the Department was negligent and that its omission to repair the pothole was wrongful. As the entity in control of the road and responsible for its maintenance, the Department should have recognized the risk posed to road users by the pothole.

Ultimately, the Court, earlier this year, ruled that the Department was liable for 100% of the plaintiff's proven or agreed damages resulting from the incident.

#potholes #potholeclaims #potholeseverywhere #potholesliability