Cyclist can sue for pothole fall

A cyclist who fell trying to avoid a huge pothole in the road in the Kamberg area can sue the KwaZulu-Natal department of transport for damages, the Supreme Court of Appeal (SCA) said yesterday.

A cyclist who fell trying to avoid a huge pothole in the road in the Kamberg area can sue the KwaZulu-Natal department of transport for damages, the Supreme Court of Appeal (SCA) said yesterday.

The SCA upheld an appeal by Pietermaritzburg advocate Allister McIntosh, who was a keen cyclist, against a high court decision that he was solely to blame for the serious injuries he sustained in the fall.

During the appeal it was argued that the pothole had been in existence for nearly a year - and had eventually grown to such a size and depth that it was dangerous even by the department's standards.

Delivering the unanimous judgment by five appeal judges, Judge Douglas Scott said the road had been the subject of weekly inspections but no reason was given for not repairing the pothole. - Sapa

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