Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
Divorce, Maintenance, Personal Injury, Medical Negligence
With the ever increasing number of potholes on our roads, we get quite a few queries about claims against municipalities. We don’t generally do these, unless they involves substantial amounts, but they are not that hard to do if you are talking about something relatively simple, like a little bit of damage to your car.
There are very strict time limits in which to send a letter of demand to the municipality and at the moment, for example, we are doing one for a burst tyre and damaged tyre rims for one of our company cars. I think the whole claim is for R3 300,00 and that is precisely the kind of claim that is invariably not worthwhile taking to an attorney because there is work involved, and the fees are really going to outweigh the compensation. A claim like that can generally be handled against the municipality itself and of course a claim for damages to your possessions is not in fact a claim against the Road Accident Fund, which compensates you only for injuries that you suffer to your body.
Posted by Michael de Broglio on Sunday 28-Feb-10
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Comments
Kobus Visagie said:
on Wednesday 12-Jul-23 06:10 PM
Good day,
My Mother stepped into an uncovered man on the sidewalk and broke her ankle.
Would we be able to claim her medical expence from the municipality? And/or sue for damages?
Regards
Garth said:
on Tuesday 07-Sep-21 04:39 PM
My wife fell down an open manhole cover. She has ligament damage. The manhole was not marked or cordoned off. What can I claim or do regarding this?
khumbulane said:
on Monday 07-Jun-21 10:40 AM
last weekend we were at my grandfather's funeral aside the yard the was main drain so in a process I receive a call and just make a space I stepped and felt inside a main hole.
There were no sign of any danger. until now I never receive a visit or a call on how do I sustain injuries, damages and what medication applies and remedies.
thato rens said:
on Tuesday 09-Jul-19 10:51 AM
my cousin fell and injured her leg due to a storm rain so we want the municipality to pay up is that possible
thank you
thelma battiss said:
on Thursday 13-Dec-18 09:41 AM
EMM erred in its billing since sub-division. charges for handovers interest etc. Incorrect costs for litter picking, interim accounts and disconnections which lead do damages and theft. Some credits were passed- others due. charges raised requested and ignored. They have no CFO city manager- and 3 years later even after meeting and emails no refund (R200k). Try that for a nightmare, especially when you are living abroad.
Simmie said:
on Wednesday 15-Aug-18 01:05 PM
I was walking from town with friends, we were chatting and I wasn't looking down thats when I fell in the manhole. One leg fell in and one remained outside. Started bleeding underneath. I was helped by friends and a car stopped as well the driver offered to drop us off at the Hostel. When got there the Matron at the hostel helped me take a bath it was painful, it wouldnt stop bleeding, that when they took me to the doctor in town with my mom's medical aid I was still on it back then. My mom failed while she tried to contact the municipality and report, we then got hold of the dispatch news paper they heard my story and we went to take pictures of the manhole I fell in, the story was then published. We never claimed, it was during exams and my mom wanted me to focus on studying. Never had any major problems till now.. the place were i was stitched is itchy, I am afraid it might be a result of what once happened to me. Can i claim? Where do I need to go? What documents will i need?
Nombuso Buthelezi said:
on Tuesday 23-Jan-18 11:03 AM
Municipal intervention is required at KwaGodlankomo (Mthembu -eShayamoya homestead). Whilst the Contractor was busy excavating they did not back fill so therefore the area is badly damaged where they excavated in such a way that it poses a risk of severe accident and it has turned into a grand canyon with storm water just flowing into the yard eroding the soil and causing further damages. I request intervention in rehabilitating the area to the condition it was before.
Phuti said:
on Monday 08-Jan-18 12:33 PM
Londy said:
on Thursday 30-Mar-17 04:38 PM
Hi
I fell into a manhole today returning from buying lunch at the corner of Braamfischer and Republic in Randburg, the manhole was left open with no sign or tape covering the hole so that I could have avoided it. Can I sue for something like that because I hurt my knee cap and currently experiencing pain when I walk.
Patience said:
on Wednesday 23-Nov-16 09:20 AM
On the 05/11/2016 I fell in a deep manhole in Jeppe's Town and I was admitted in Milpark Hospita and I was stitched in one leg and taken to e-rays and my ankle had a fracture, I am wearing a boot with 2 crutches, booked off work for a week and cannot go to work in a public transport for 8 weeks my doctor said
Ricky said:
on Monday 19-Sep-16 10:28 AM
power outage in Wektrevreden Park,who will be responsible for food loss
Danielle said:
on Saturday 14-May-16 04:07 PM
How would one go about instituting a claim for loss of income due to construction implemented by the municipality in front of the business premises ?
Ntobeko said:
on Wednesday 02-Mar-16 07:53 AM
How do i go about claiming for personal damage after i fell into an open manhole and damaged my ribs and knee. please help with contact numbers or emails.
kenneth said:
on Tuesday 26-Jan-16 12:36 PM
My wife works on a contract base for overstrand municipality traffic department they were in an ccident while on duty on Sunday. She and her colleagues made up body injuries, how do you claim for damages or for any compensation because they were within the jurisdiction of the municipality.
victor said:
on Tuesday 20-Jan-15 02:34 PM
can you hand deliver a letter of demand to the municipality or is it compulsory that it should be by registered mail ??
Gwen Gosney said:
on Thursday 05-Jun-14 12:20 PM
Incorrect municipal billing resulting from the municipalities failure to read meters in a residential area for a peroid of 10 months is cause of my problem and subsequen loss. The municipality billed electricity to the value of just under R8000 for 10 months. When they eventually did a proper reading the total consumption was in excess of R17000. The under-billed amout is a loss to me as the tenants who rented the property at the time are no longer tenants, connot be traced and are apparently in a financial bind, preventing them from being able to refund me even if i was able to contact them. I have had endless trouble with billing and metering with the municipality - including the non-delivery of statements for the period in question. Had i received statemnts i might have been able to question the ongoing estimate billing. I am paying off the bill but my financial loss is a result of municipal negligence. Do we have a case?
jacob said:
on Wednesday 16-Oct-13 05:24 PM
i felt inside municipality is hole,i didnt go to hospital coz it was far n without i went from nearest pharmicy,i bought bandage n others to help m so the following day i report to municipality for claim. I didnt go to hospital,doctor and nw i fell pains.now they want claim letter
Marike Pretorius said:
on Wednesday 08-May-13 11:39 AM
Michael,
We are some of the "lucky" ones that have been without any power from Sunday afternoon.
What can we do about this situation? Can we put in a claim against the Municipality? It is so bad that we aren't even able to stay at our house and I am worried about all our food that will go to waste.
Denise Hide said:
on Thursday 26-Apr-12 01:01 PM
My husband has a business fixing photocopiers and he also sells them he stores the fixed machines in a building rented by someone else. But she has given him permission to store them there. Receintly a municipal pipe burst which flooded the whole building covering all the machines 8 of them totally. He Tried to do damage control moved the machines to a dry area the following night it burst. again and then covered those too. CAN HE CLAIM FROM THE MUNICIPALITY FOR LOSS AS HE DOES NOT HAVE INSURANCE NOR DOES THE PERSON WHO HE RENTS FROM
maphuti said:
on Tuesday 10-Jan-12 01:02 PM
how do i go like whn i found an accident and all robots were green?
Nadine said:
on Thursday 24-Nov-11 02:58 PM
I would like to know how I can claim back my deposit and credit amount on my City of Johannesburg account. This amount has been owing since 02/09/2009. We cant use the small claims court, what other options do I have
Amanda said:
on Tuesday 25-Oct-11 04:24 PM
I want to know if i can claim for pain and suffering due to a hole were a watermeter is fitted that is not closed. my shoe got stuck and i got hurt very badly. can anybode please advise. thank you
simo said:
on Wednesday 19-Oct-11 11:30 AM
hi! I have just started my law firm&I have a client who wishes to sue the municipality for damage to her property(furniture). a pipe burst on the street&the water flowed into her house thus causing damage to her furniture. do we have a case. I'm relying on the fact that the said pipe just exploded on it own, it's not interrupted by anyone. is it not the duty of the municipality to see into it that the pipes are in a proper condition.
Carol said:
on Tuesday 03-May-11 10:40 AM
How do I go about to claim for damage of property. The local municipality came to install a solar panel, with geyser. In the process they damaged my wall, while using a drill for screws. I asked them before hand not do it seeing that we are busy with repairs and that the house is in poor condition. I went to the supervisor and requested that they repair their mess and the man got really rude. Is their any other alternative for me. Please explain !
Bradley said:
on Sunday 10-Oct-10 10:00 PM
"So let's say I send them a letter of demand, and, of course, they will ignore it and not respond. I can't go to the small claims court because claims against the State, municipalities etc are excluded. So what can I actually do about it?"
This taken from your site, I have such a similar circumstance, what am I to do?
Elmari van Deventer said:
on Wednesday 11-Aug-10 12:34 PM
Hi There,
Can I claim from a trucking company whos truck's tyre burst causing my son to have an accident. The owner of the truck refused to pay for the damage caused by the burst tyre to my son's car. The damages is in excess of R4000 and he is only willing to pay R3000. The truck owner said that he is not willing to go through his insurance as his excess is R10000. I don't think his truck is insured and he has been giving us the run around. My son has whiplash and strained muscles in his back and is going for physiotherapy.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
