Please assist me on this matter of what I am trying to find out the following.
· What can a municipality do (Must do) to not be liable for pothole claims?
· Is there a fine involved if they do not want to pay the claims?
· What can they do to be non-liable for 80 – 90% of pothole claims?
· If they can’t budget for pothole repairs and repair the potholes ASAP, what will be the best solution for them not to be liable?
I thank you in advance.
Indeed it is the duty of the Municipality to ensure that municipal roads are maintained and are safe to travel on, so if potholes develop as a result of lack of maintenance on the side of the Municipality, the Municipality will not escape liability
The only time liability could be escaped is when it could be proven that the pothole was caused through someone ‘s negligence and therefore such person would be liable to compensate the claimant who suffered damages as a result.
There is no fine that the Municipality would have to pay if it refuses to pay the claimant, but the claimant may institute civil proceedings against the Municipality for damages.
Hope the above adds some value to the questions raised.
Group Legal & Contracts