Authorities held accountable for pothole neglience in landmark case

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.

- ZELDA VENTER

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.

Maseneni Puseletso turned to court after the car she was travelling in hit a pothole, which was about a metre 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.