Tripping on a Sidewalk -Who’s to Blame?
By Garry Hertzberg and Natasha Sonblo of hersalaw.co.za
In Cape Town’s scenic Camps Bay, Mrs. S took a nasty fall on Victoria Road’s sidewalk, seriously injuring her knee, shattering her patella into 3 or more pieces which required surgery. She blamed the City for not keeping the pavement safe, arguing that they should have repaired the uneven bricks or at least warned pedestrians.
The Legal Argument in The Cape High Court
Mrs. S claimed the City had a duty to maintain sidewalks, prevent hazards, and put up warning signs. Since the uneven surface was dangerous, she argued, the City should be held responsible.
What the Court Found
The judge wasn’t convinced. The bricks were only slightly uneven—not a major hazard like a pothole or open manhole. Plus, no previous complaints had been made, suggesting the risk was low.
A City’s Reality Check
Courts have long held that municipalities can’t maintain “billiard-table” sidewalks. They must balance safety with limited resources. A protruding paving brick isn’t enough to make the City liable.
Pedestrians Have a Role Too
The Court emphasized that pedestrians must also watch where they walk. Holding the City responsible for every minor flaw would be impractical and unfair to taxpayers.
The Judgment of the Court
Since Mrs. S couldn’t prove the City was negligent or wrongful, her claim was dismissed. A reminder that not every stumble leads to a successful lawsuit!
