In September 2024 the High Court dismissed a claimant’s delictual claim for damages arising from an incident in which the claimant allegedly tripped and fell over a metal skirting at the premises managed by the property owner. The claimant alleged that she tripped over metal skirting that was hanging loose. The court found that the
A September 2024 judgment of the Free State Division will be of interest to insurers who provide liability cover to municipalities, as the claimant succeeded in its cause of action against the municipality based on a water interruption which was entirely unexplained.
When a fire broke out at a scrapyard in Bloemfontein, the owner sued
Clinical Peer Review or Medical Peer Review is a process by which healthcare professionals evaluate each other’s clinical performance. It is commonly done in hospitals in order to improve the quality and safety of care. It may also serve to reduce the hospital’s potential malpractice liability and ensure that healthcare practitioners are competent and practice
A claim of negligent credentialing necessitates evidence that the hospital has breached its “independent duty to select and retain competent independent physicians seeking staff privileges”;
The hospital will be “responsible for the negligence of an independent physician when it has failed to exercise due care in the selection and retention of that
This Delaware District Court judgment considered the insured’s claim under the insurer’s Not-For-Profit Entity and Directors, Officers Liability Insurance Policy (“the Policy”).
The Policy the parties explicitly excluded any claim “alleging, arising out of, based upon or attributable to any actual or alleged contractual liability of [SAEDF] under any express contract or agreement.”
The
This judgment dealt with an application based upon a deed of suretyship and indemnity executed by the respondents in favour of the insured. The deed of surety and indemnity had its genesis in a guarantee issued by the insurer to an airline in favour of Airports Company South Africa SOC Limited, the beneficiary.
The insurer
This blog was co-authored with Yuveshen Naidoo, Candidate Attorney.
The primary issues in this judgment are:
The
This blog was co-authored with Yuveshen Naidoo, Candidate Attorney
This case is a poignant example of the challenges faced by patients and their families when medical care falls short.
The claimant brought a claim of medical negligence on behalf of her child. The primary issues revolved around allegations of negligence by the medical staff at
One of the issues for consideration by the Court of Appeal in London International Exhibition Centre PLC v Allianz Insurance PLC and Others previously discussed here [Business Interruption “Disease at the Premises” and Causation (UK) | Financial Institutions Legal Snapshot] was whether on a proper construction of the words “suffered by any
The Medicines and Related Substances Act, 1965 requires the South African Health Products Regulatory Authority (SAHPRA) to monitor the use of medicines in South Africa. SAHPRA is responsible for overseeing adverse drug reaction reporting in South Africa.
Adverse drug reactions (including interactions with other medicines) caused by prescribed medicines, over the counter medicines, or by