Delict and Civil Claims

“An ounce of prevention is worth a pound of cure.” (Benjamin Franklin) On New Year’s Day in 2012, the rider was travelling along Airport Road (MR347), between George Airport and Blanco, when his motorcycle struck a pothole approximately 600mm wide. He lost control, collided with a signpost and suffered severe injuries that ultimately required the amputation of his leg. The pothole had existed for several weeks and was difficult to see because its colouring blended with the surrounding road surface. No automatic liability The fact that an accident was caused by a pothole does not, by itself, make a public…

“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.” (Lord Atkin in the groundbreaking 1932 House of Lords decision that found a soft drink manufacturer liable for a consumer’s shock and illness after she discovered a decomposed snail in the remains of her ginger beer.) A simple burger night turned into an ordeal for a diner who swallowed a “needle-like object” hidden in her meal. The High Court’s confirmation that she can claim damages from the restaurant is a reminder of how strictly our courts hold businesses…

“The minute you read something that you can’t understand, you can almost be sure that it was drawn up by a lawyer.” (Will Rogers, cowboy and actor) We’ve all seen (and probably ignored) disclaimer notices as we enter shopping centres, restaurants, businesses, hotels, sporting venues and the like. Usually, they read something along the lines of: “All persons enter at their own risk” or “the owner shall not under any circumstances be liable …blah blah blah…” A legal duty to ensure safety The restaurant owner in the McDonald’s case we discuss below had accepted that it had “a legal duty…

“The scariest thing about digital abuse is how a victim can never know how far it went, how many people it reached, and how much those who saw it bought it.” (Psychology Today) Our laws are always protective of our rights to privacy and dignity, and a recent High Court decision confirms that defamation can be a very costly business for perpetrators. In serious cases such as those involving “revenge porn” (a term commonly used to describe “the publication of non-consensual intimate images, recordings or depictions”) offenders face criminal prosecution as well as substantial damages claims. As evidenced by a…

“I am disgraced, impeached, and baffled here, Pierced to the soul with slander’s venomed spear.” (William Shakespeare) Here’s another warning from our courts to think twice before publishing anything defamatory, even if you genuinely believe it to be true. To escape liability, you must show that you fall under one or other of the legal defences available to anyone sued for defamation – as a recent High Court decision illustrates perfectly. A R500m bribe and a restaurant dinner A company director, in dispute with a government department over his company’s contract with it, went public with claims that a government minister…