Trip-and-fall claims: When the municipality is (and isn’t) responsible

A recent Western Cape High Court judgement is challenging the assumption that a municipality is automatically to blame when someone trips and is injured on the pavement.

The court considered a claim by a pedestrian who suffered a serious knee injury after tripping over a minor defect on a pavement in Victoria Road in Camps Bay in 2017.

She filed a lawsuit against the City of Cape Town, seeking damages.

The court found that the City was not negligent, noting that the defect was minor. There was no evidence that the City knew about the hazard or that it failed to take reasonable steps to maintain the pavement.

Anja Cremer, an associate at CK Attorneys, explained that the court's decision was not about expecting pavements to be perfect, but about striking a balance between public safety and the city's resources.

“You are also expected to exercise reasonable care for your own safety, where the municipality is expected to exercise reasonable care to maintain these systems.

“[But] with your great power and responsibility comes the responsibility to report if you see something. You are more than welcome to report it to your municipality to come and repair.”

To listen to Burke in conversation with CapeTalk’s Lester Kiewit, click the audio player below: