Sidewalk Injuries and Municipal Liability: Who May Be Responsible?

A fall on a public sidewalk can lead to serious injury, but municipal liability is not automatic.

What happened?

In Camps Bay, Mrs S fell on a sidewalk on Victoria Road and seriously injured her knee. She blamed the City for failing to keep the pavement safe, arguing that it should have repaired the uneven bricks or warned pedestrians.

The legal issue

Mrs S argued that the City had a duty to maintain sidewalks, prevent hazards and put up warning signs. The court had to consider whether the pavement condition was sufficiently dangerous to justify liability.

The outcome

The judge was not convinced. The bricks were only slightly uneven, and the court found that the circumstances did not justify holding the City liable.

Key takeaway

A claimant must prove more than the fact that a fall occurred. The nature of the defect, the risk it created and the evidence of negligence all matter.