In a February 2025 judgment, the High Court addressed the issue of municipal liability in a case involving the claimant, who sustained a knee injury after tripping on an uneven sidewalk in Camps Bay, Cape Town. The court had to determine whether the City of Cape Town breached its duty of care by failing to maintain the sidewalk, and whether the city had prior knowledge of the defect. The court dismissed the claimant’s case, finding that the city had taken reasonable steps to maintain the sidewalk and did not have prior knowledge of the defect.
On 27 October 2017, in daylight hours, the claimant was walking along Victoria Road in Camps Bay with her friend when she tripped on a raised edge of a paving brick on the sidewalk. The fall caused her to sustain a comminuted patella fracture to her left knee, which required surgery. The claimant alleged that the City was responsible for the uneven surface of the sidewalk and that it posed a danger to pedestrians. She argued that the City had a legal duty to ensure the sidewalk was safe and free of hazards and that the City failed to erect warning signs or implement measures to prevent trips and falls. The City contended that it had no prior knowledge of the defect and that it had taken reasonable steps to maintain the sidewalk within its available resources.
The court found that the City did not have prior knowledge of the defect and had taken reasonable steps to maintain the sidewalk. The evidence showed that the City had a system in place for receiving and addressing complaints about sidewalk defects and that no prior complaints had been received about the specific defect that caused the claimant’s fall. The court noted that the City was responsible for maintaining thousands of kilometres of sidewalks and that it was not reasonable to expect the City to inspect every sidewalk constantly.
The court found that given the minor nature of the protrusion, and the absence of similar incidents prior to the claimant’s fall, a reasonable municipality in the City’s position would not have foreseen a realistic (and thus actionable) possibility of a serious fall. The claimant’s case is dismissed.
Schaefer v City of Cape Town (4204/2019) [2025] ZAWCHC 46 (17 February 2025)