Can I claim for injuries caused by a road defect?

How the answer differs across 3 jurisdictions

The Short Answer

Yes, you may be able to claim compensation if the road authority failed to maintain the road properly and their negligence caused your injury.

1961
Act year
s. 2
Relevant section
Negligence
Legal basis
Road authority
Responsible party
The Short Answer

The council may be liable if it failed to maintain the pavement and that failure caused your injury, but you must prove they knew or should have known about the defect and did not act reasonably.

28 days
Notice period for some claims
6 years
Limitation period
Reasonable care
Council duty standard
Known defect
Key liability factor
The Short Answer

You may claim against the road manager — typically the national government, prefecture, or municipality — under the State Compensation Act if the defect resulted from their negligence in maintenance.

Art. 1
State Compensation Act
2 years
Limitation period
Negligence
Required element
Road manager
Responsible party

Read Full Articles

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.