“The American Automobile Association estimated in the five years prior to 2016 that 16 million drivers in the United States have suffered damage from potholes to their vehicle including tire punctures, bent wheels, and damaged suspensions with a cost of $3 billion a year.” (Wikipedia) Pothole problems are by no means exclusive to South Africa, […]
“This is a running down case: literally” (Extract from judgment below) The scene is Cape Town’s iconic Sea Point Promenade. An elite runner participating in a race knocks down a pedestrian out for a Sunday walk, causing serious injuries. The pedestrian sues both the runner and the race organiser for damages of R718,000. The outcome
A “Running Down” Damages Claim – Elite Athlete v Happy Snapper Read More »
A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability. The reasons given by the Court for these contrasting outcomes provide valuable
Property Owner and Body Corporate Liable After Child’s Electrocution? Read More »
Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to ensure that the extent to which he, she or it is
Exemption Clauses and Thieving Employees: Can You Sue (or Be Sued)? Read More »
“… it is by now long established in our law that the owner or other person or entity in control of a shopping mall has a legal duty to take reasonable steps to ensure that its premises are ‘reasonably safe’ for those members of the public who might frequent them … What such steps may
When Can a Shop Be Sued for Damages If a Customer Falls? Read More »
“Consequential Loss: This is loss not directly caused by the insured event, but is an indirect result of the event. This is loss or damage that was not foreseen by the insurer or the policyholder at the time the policy was taken out. Consequential loss is in many instances not covered and cover is dependent
Don’t Risk Consequential “Loss of Profits” Damages: Check Your Contracts and Insurance! Read More »
“When a crime is imminent and foreseen it is expected of the law enforcement agency to take appropriate action. The duty of the police to provide assistance arises from their mandate to carry out law and order” (extract from judgment below) Can you sue the police if they fail to protect you during unrest and
“Nature has the ability to spring a surprise when least expected” (extract from the judgment below) A recent High Court decision dealing with the tragic drowning of a toddler highlights once again the legal dangers faced by property owners who let out accommodation to the public. This particular case related specifically to a Holiday Let
Landlord Liable for a Tragic “Freak” Flood Drowning Read More »
“People are entitled to walk our streets without having to fear being attacked by dogs and, where such attacks occur, they should in most circumstances be able to look to the owner of the dog for recompense” (extract from judgment below) Dog owners (in fact owners of any potentially dangerous domesticated animal) should take note
Does Your Dog Bite? Your (Substantial) Risk Remains Read More »
I always advise people never to give advice (P. G. Wodehouse) If you want to send shivers down the spine of any investor, mention Steinhoff, or Sharemax, or any one of the many other spectacular corporate collapses that have plagued both local and overseas investors in recent times. Quite apart from the high-profile failures its
Can You Sue a Bad Investment Advisor? It depends… Read More »
