Personal Injury Law

Can I claim compensation if I am injured due to poor road conditions or potholes?

Asked by Anonymous · Answered 25 Jan 2026

The Question
I was injured in an accident caused by a large pothole on a public road that the municipal authority had failed to repair. Can I hold them responsible and claim compensation?
Answer — MyLawIndia Legal Team

Yes, courts have recognised that municipal or road maintenance authorities have a duty to maintain public roads in a reasonably safe condition, and failure to do so — particularly where a hazard like a large pothole was left unrepaired for an unreasonable period despite being a known or reasonably discoverable danger — can give rise to liability for resulting injuries.

You can pursue a claim against the specific authority responsible for that road's maintenance (which could be the municipal corporation, state highway authority, or another body depending on the specific road), seeking compensation for your medical expenses, loss of income, and other damages resulting from the injury.

Building this kind of case typically benefits from documentation — photographs of the hazard (ideally taken close to the time of the incident), your medical records, any police complaint or FIR filed, and, where possible, evidence that the hazard existed and was reported prior to your accident. Given the need to correctly identify the responsible authority and build a well-documented claim, consulting a personal injury lawyer would be advisable.

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