City of Cape Town Claims

Municipal injury claims may arise when a person is injured because public infrastructure was unsafe, poorly maintained, or not properly repaired.

The City of Cape Town and other public authorities have a duty to maintain public spaces and municipal infrastructure in a reasonably safe condition. When open manholes, collapsed drains, broken pavements, flooding, or other unsafe infrastructure causes injury, the injured person may have a claim for compensation.

Lowe & Petersen Attorneys assists clients with claims against municipalities and public bodies where negligent maintenance, delayed repairs, or a failure to warn the public caused preventable harm.

Common municipal injury claims

• Open or uncovered manholes
• Collapsed drains
• Broken or dangerous pavements
• Flooding caused by poor maintenance
• Unsafe stormwater systems
• Road and sidewalk defects
• Unmarked hazards in public areas
• Unsafe municipal infrastructure

Who may qualify?

You may qualify if you were injured because municipal infrastructure created a preventable danger and the responsible authority failed to maintain, repair, or warn about the hazard.

These claims often depend on showing that the municipality knew, or reasonably should have known, about the danger and failed to take proper steps to fix it or protect the public.

What can be claimed?

Depending on the facts of the matter, a municipal injury claim may include:

• Past and future medical expenses
• Loss of income or reduced earning capacity
• Pain, suffering, and loss of amenities of life
• Rehabilitation and future care costs
• Out-of-pocket expenses linked to the injury

What should you do after the incident?

If you are injured because of unsafe municipal infrastructure, it is important to collect evidence as soon as possible. Take photographs of the hazard, your injuries, and the surrounding area. Get the contact details of witnesses, keep medical records and receipts, and report the incident to the relevant authority where possible.

Is there a time limit?

Yes. Claims against municipalities and public bodies are subject to strict notice periods and prescription rules. A notice of claim may need to be served within six months of the incident, and delays can make the claim harder to prove. You should get legal advice as soon as possible after the injury.

If municipal infrastructure caused your injury, contact Lowe & Petersen Attorneys for a claim assessment.