Damages Claim Archives - Ashersons Attorneys

13 May 2021

Landlord Liable for a Tragic “Freak” Flood Drowning

A recent High Court decision of D Black & 3 Others v T G Erasmus, NWD Case no. 718/11 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 on a guest farm and a natural disaster in the form of a flood, but of course any loss however caused could lead to your visitors/guests suing you. And weather-related disasters – think storms, floods, wildfires and the like - will almost certainly increase in both frequency…

02 Dec 2016

By Ashersons Attorneys

Two minutes to a swimming pool tragedy and a R62m damages claim

A recent High Court decision of A and Another v S and Another (8352/2007) [2016] ZAWCHC 106 highlights once again both the personal tragedy and the legal consequences of failing to protect children from the dangers of swimming pools and other hazards. The facts of the case The property in question had both a swimming pool (fenced, with two entrance gates) and a koi pond (neither fenced nor covered); The 2½ year old child at the centre of this case usually accompanied her mother to weekly cell group meetings held at the house; The gates were protected with double latches which…

04 Jan 2016

By Ashersons Attorneys

The Electrocuted Cyclist – More risk for suppliers

If you operate anywhere in a product supply chain (producer, importer, distributor, retailer, supplier, installer etc) be aware that your risk of being sued under the CPA (Consumer Protection Act) just increased. First “No Fault”, now even wider liability To recap, the CPA makes you liable for any form or level of damage to person or property resulting from defective or unsafe products. Critically, there is no need to prove any form of negligence on your part – liability is now “no-fault” or “strict”. And whilst there are a few defences still open to you, they are limited. Now a…

04 Nov 2015

By Ashersons Attorneys

It’s all fun and games until someone gets hurt

In a recent decision handed down by the Honorable Judge Kollapen in the Gauteng Division of the High Court of South Africa on 10 September 2015 (BJ Strydom v M W P Strecker and Another), the Court considered the extent of the legal duty on property owners / occupants in ensuring the safety of those visiting their property. The case arose due to a devastating twist of events during a social visit between the plaintiff, his then-wife, their two minor children and the defendants at the defendants’ house. One of plaintiffs’ children, referred to as “B”, had a near-drowning experience…

01 Oct 2015

By Andrew Goldschmidt

Property Owners – Manage your risk of being sued

What happens if someone is injured or killed, or suffers some other form of loss on your property? Three recent court cases highlight your risk of liability for any potential dangers that you don’t take reasonable steps to avoid. Case 1: The landlord, the holiday let and the visitor who fell from the stairs “The lack of protection on the garage side of the stairs below the gate was an inherently dangerous state of affairs ….” (Extract from judgment) Letting out your holiday home to a tenant may be a lucrative option if you are holidaying elsewhere, or if you…

29 Jul 2015

By Ashersons Attorneys

Boundary Wars: What To Do With An Encroaching Neighbour

“Good fences make good neighbours” (wise old proverb) You find out that the fence/wall/house your neighbour is building, or has built, is actually on your land – what can you do about it? No problem of course if you are happy to sell the land in question to your neighbour at an agreed price, or if your neighbour voluntarily removes the encroachment. But if instead you come to blows and end up in court, what will the outcome be? Regrettably, as a recent Supreme Court of Appeal (SCA) case shows, there is no easy answer to that question, hence the…