Pothole Mania – Kenny Smith

In this week’s article we will discuss potholes. You may ask what potholes have to do with law… let us advise you…
Driving through our roads these days may be compared to an obstacle course with some roads littered with potholes. Some of these obstacles are big and deep enough to do some serious damage.

We therefore felt it important to point out a few things you may want to know about these potentially dangerous divots.

Did you know that all Municipalities have a duty to:
1. Operate, manage, control, maintain and rehabilitate the roads.
2. Appoint persons, institutions or bodies, to perform the functions mentioned in the previous paragraph.
3. Provide, establish, erect, maintain facilities and to close potholes on the roads.
4. Establish and operate an information and management system concerning potholes.

5. Ensure by whatsoever means possible and practical that sufficient and visible warnings are in place to advise and warn motorists of any and all risks in and on the road.

Based on the above duties, should you accidently collide with a pothole and should you sustain damage either to your car or person, you may be entitled to institute legal action against the relevant municipality.
It would seem insurance companies have jumped on this band wagon and have been quite successful against the municipalities.
We would advise that should the damage be to your vehicle and should you be insured that you request the insurance company to recover your excess from the municipality.

Should you however incur serious injury to your person we would suggest approaching an attorney who specialises in these types of claims.

Should you require any further information on this topic you are welcome to contact our offices on 011 897 1900 or info@tuckers.co.za.

Article contributed by Kenny Smith.