Potholes can be costly - not only for the motorist but also for the local authorities who, according to the latest judgment on the subject, have a duty of care to ensure that the country’s roads are safe to use.
The Bloemfontein High Court ruled that the MEC of community safety, roads and transport in that province is 100% liable for the damages suffered by a woman whose car had hit a pothole on one of the roads in the Free State.
The judge found that the department had negligently breached its duty of care by failing to fix the potholes, or at the very least, warn motorists of the dangers.
Masenemi Puseletso turned to court after the car she was travelling in hit a pothole which was about a meter wide. The vehicle veered off the road and she suffered injuries. It is not known at this stage how much she is claiming, as the amount will be determined at a later stage.
Her case was based on the allegation that the department failed to ensure that there were adequate warning signs on the R34 between Vrede and Memel, to warn road users of the existence of potholes and for not fixing the road surface.
According to Puseletso, that road was in fact riddled with potholes, which she managed to dodge. She, however, saw this particular pothole too late.
She testified that she and her family were driving to Newcastle to visit family. Her husband alerted her that there were potholes on the road and she should thus drive carefully.
She said that as she travelled uphill with a curve in the road, she found potholes on the road surface which she was able to navigate.
As she travelled downhill, she noticed a pothole, slowed the vehicle down, and successfully negotiated around the pothole with the front wheels of the vehicle; however, the vehicle’s left rear wheel hit either another pothole or the same one.
She managed to manoeuvre the vehicle back on the road, but immediately hit another pothole. She lost control of the vehicle and it landed in a ditch. Puseletso suffered severe injuries and was taken to hospital.
While admitting it had a duty to maintain the road, the department blamed her for the accident, claiming she drove too fast and failed to maintain a proper lookout. The department was adamant that it did have signs along the road warning motorists of the potholes.
The court, however, found that following the evidence of various witnesses, including the SAPS in the area, there were many potholes on this road and that it was not Puseletso’s fault that she had hit one which caused her accident.
The court said a reasonable person in the position of the department would have foreseen the possibility that its conduct in failing to properly maintain and repair the road riddled with potholes could lead to an accident.
“The reasonable person would have taken the appropriate steps to guard against the occurrence of an accident… It is patent that the Defendant and/or his employees failed to take the necessary steps to prevent the damage and losses suffered by the Plaintiff,” the court said.