The Western Cape Government’s failure to repair a pothole will cost it dearly after the Western Cape High Court found it responsible for a crash that left a George motorcyclist with a below-knee amputation.

Judge Constance Nziweni this week found the provincial Department of Infrastructure liable for the crash, ruling that officials failed to properly maintain the road, repair the pothole, or warn motorists about the danger.

Christiaan van Staden launched legal action after the motorcycle crash on New Year’s Day in 2012 on the MR347 near the Geelhoutboom turn-off outside George, says News24.

According to court papers, Van Staden, an experienced motorcyclist with about 15 years of riding experience, was returning home from Glentana Beach on his BMW motorbike when he suddenly experienced a ‘severe jolt’ through his handlebars before hearing his motorcycle rim scrape against the tar.

In his heads of argument, he said the weather was clear and sunny, visibility was good, and he was travelling between 80km/h and 100km/h.

Van Staden described the road as one in poor condition, with faded lane markings and dark patches that appeared to be repaired potholes.

He said the accident happened in seconds and he sustained severe injuries, ultimately undergoing a below-knee amputation.

His legal team argued his version was supported by independent witnesses, photographs taken shortly after the accident, and expert evidence.

The department denied negligence, contending that no pothole had been ‘present on the road on the day of the accident’ and therefore could not have caused the crash.

Instead, the department argued that the accident resulted from Van Staden’s ‘wrongful and/or negligent conduct’ and that the pothole was not ‘of such an extraordinary size that it posed a significant threat’ to an experienced motorcyclist.

Nziweni rejected those arguments, writes News24.

She found that the pothole measured about 600mm by 500mm and had existed long enough for the department to have constructive knowledge of the danger.

She found that the pothole constituted a hidden hazard and that the department had failed to execute a proper road inspection and maintenance system.

Nziweni added that there was no evidence before the court to suggest the crash had been caused by anything other than the pothole.

Nziweni declared the department liable for Van Staden’s proven or agreed damages and ordered it to pay his legal costs on an attorney-and-client scale, including the costs of expert witnesses.

Full News24 report