According to the Roads Act, defects in the passability of municipal roads intended for pedestrians or in the passability of pavements must be remedied immediately by the local road authorities. The road authorities are liable for damage caused by defects in the passability of municipal roads or footpaths unless they can prove that it was not within their power to remedy the defects or to draw attention to them in the prescribed manner. However, if the damage was also caused by the fault of the injured party, he must bear the damage proportionately; if the damage was caused solely by his fault, he must bear it himself. It should be emphasised that defects in the accessibility of footpaths are similar to defects in the accessibility of roads in that they do not allow pedestrians to walk safely even if they take particular care. When assessing the causes of accidents, it must therefore also be taken into account whether the pedestrian was travelling with particular care. The possible negligence of the pedestrian himself in this respect - e.g. whether he was engrossed in a conversation with another person (even on the phone) - as well as the other circumstances of the case - e.g. whether the pothole was clearly visible even without markings - are decisive for the assessment of the case. Further information is therefore required to answer the question.

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