When the road is to blame, file a claim |Shaban Ben Taher

Shaban Ben Taher is junior associate at Laudi Advocates

A growing body of judgments now shows that local councils and government agencies can be held financially responsible when they fail to maintain safe public roads. Between 2021 and 2023, motorists filed in excess of 400 claims relating to alleged damages suffered by their motor vehicles due to poor road conditions.

Yet, by definition, what constitutes poor road conditions? Jurisprudence provides a number of scenarios where authorities responsible for the maintenance of road infrastructure were deemed by the courts to be at fault, due to negligence or lack of diligence in fulfilling their duties, for damages sustained by vehicles. The following are some of the more notable cases.

In a judgment delivered on 29 May 2012 by Adjudicator Vincent Galea (Ref. Nr. 999/11), the Court found the Santa Venera local council liable for damages sustained to the underside of a vehicle after the driver drove over a speed bump at approximately 45km/h, according to the driver’s own statement. The council argued that the speed bump had been constructed with authorisation from the Traffic Control Board, presenting a letter dated in the year 1998 as evidence. However, the court noted that the 1998 authorisation required the speed bump to be painted—a requirement that had not been fulfilled 14 years later.

The court concluded that the council was not solely responsible for the original construction; it was also responsible for the maintenance of the speed bump. The near-total fading of the paint on both the speed bump and the carriageway had significantly reduced its visibility, particularly at night. As a result, the court held the council liable and ordered it to reimburse the claimant €182 in damages.

In a claim filed in 2021 (Ref. Nr. 3/21MPX), the plaintiff held the Xewkija local council responsible for damage sustained to his vehicle after it hit a pothole, causing the base to scrape against the road. Witness testimony from a representative of the Gozo Ministry revealed that the road had been surfaced with a layer of cement in 2022 following multiple citizen complaints but had never been asphalted. The witness also noted that the road in question fell under the local council’s responsibility, as it was not an arterial road.

In a judgment delivered on 8 June 2025 by Adjudicator Marsette Portelli Xerri, the Small Claims Tribunal found the Xewkija council liable for the vehicle damage and ordered compensation of €1,528 to the plaintiff.

In another claim filed in 2021 (Ref. Nr. 585/21TA), a biker sued the Siġġiewi local council after he had suffered permanent disability when hitting a pothole. Witness testimonies confirmed that the road in question included a number of potholes, cracks in the asphalt, as well as a cut-off point where the asphalt ended completely, with a couple centimetres of drop in the level of the two sides.

Having no doubt about the state of disrepair the road was in, Judge Emeritus Toni Abela decreed in a judgement delivered on 8 May 2025 in favour of the plaintiff and awarded him damages to the tune of €74,873. These included €237 in hospital bills, as well as €74,636 as compensation for the permanent disability suffered and the erosion of the person’s future quality of life. This figure took into consideration the plaintiff’s wage, the years they would have worked to reach pension age, the gravity of the disability, as well as inflation. It is worth noting that this judgment is not final, and is currently under appeal.

The information contained in this article is provided for general informational purposes only and does not constitute legal advice. Because every situation is unique, readers should seek independent advice from a warranted lawyer regarding their particular circumstances.