Driver wins €180 for pothole damage

A motorist won €180 from the Balzan local council after one of her car’s tyres was ruined when the vehicle drove over a deep pothole full of water.

The Small Claims Tribunal, presided over by Vincent Galea, held the local council responsible for damage caused to Henrietta Bianchi ’s Volvo when she was driving along Balzan Valley in January 2011.

As soon as she had turned into the road at about 8pm, past the disused pasta factory, the car jolted suddenly and she felt it sink into the pothole.

She explained that the road was poorly lit and the pothole was not visible. There was no sign or light to draw drivers’ attention to it, she told the tribunal.

She drove off but soon had to stop because her front tyre was punctured. When Mrs Bianchi took it for repairs, she found that it had burst and she had to pay €180 for repairs.

In her claim, Mrs Bianchi argued that the damaged tyre was caused by lack of maintenance or careless work by the local council.

However, the council argued that it was not responsible and that it had taken all possible measures to ensure that no cars sustained any damage.

In its decision, the tribunal noted that one of the “main functions” of local councils was to maintain roads. There was nothing to indicate the danger and the fact that the hole was filled with rainwater had made matters worse.