The Municipality’s Duty to Maintain Safe Infrastructure
The City of Cape Town, like all municipalities, has a legal duty to maintain public infrastructure, including roads, pavements, drainage systems, and street lighting, in a reasonably safe condition. When this duty is neglected and someone is injured as a result, whether through a pothole, an uncovered manhole, a collapsed drain, or flooding caused by blocked stormwater systems, the municipality can be held liable for damages.
Common Municipal Injury Scenarios
Claims in this category often involve motorists or cyclists injured after hitting undetected potholes, pedestrians who fall due to broken or uneven pavements, injuries caused by open or poorly secured manhole covers, and accidents linked to flooding from inadequate stormwater drainage maintenance. Poorly lit streets and walkways that contribute to falls or other incidents can also form the basis of a claim.
Proving the City Knew, or Should Have Known
A key element in these claims is showing that the municipality was aware, or reasonably ought to have been aware, of the hazard and failed to repair it or warn the public within a reasonable time. Evidence that a hazard existed for an extended period, such as photographs showing weathering or prior complaint records, can help establish this.
Reporting the Hazard Helps Your Claim
Reporting the hazard to the City, whether the specific pothole, manhole, or drainage issue that caused your injury, both before and after the incident creates a paper trail that can support a claim. If you or someone else previously reported the same hazard, keep any reference numbers or correspondence, as this can help demonstrate the City had prior notice.
The Six-Month Notice Period
As with other claims against organs of state, claims against the City of Cape Town are subject to the requirement of formal notice within six months of the incident under the Institution of Legal Proceedings against Certain Organs of State Act. Given how quickly evidence such as road conditions can change, prompt action is especially important in these cases.
Building a Strong Claim
Photographs taken immediately after the incident, GPS-tagged where possible, along with medical records and any witness details, form the foundation of a municipal claim. Lowe & Petersen Attorneys assists Cape Town residents in gathering this evidence and pursuing claims against the City on a no win, no fee basis.