In February 2025 the high court addressed the issue of school safety and negligence in a case involving a student who sustained injuries during netball practice. The court determined that the school, represented by the MEC for the Department of Education, Limpopo, breached its duty of care by failing to ensure the safety of its
Duty of care
Municipality not liable for pavement slip & trip

In a February 2025 judgment, the High Court addressed the issue of municipal liability in a case involving the claimant, who sustained a knee injury after tripping on an uneven sidewalk in Camps Bay, Cape Town. The court had to determine whether the City of Cape Town breached its duty of care by failing to…
No liability for slip-and-trip in an area not under control

This blog was co-authored by William Hayne, Candidate Attorney.
In December 2024, the High Court dismissed a claim for damages by the claimant, who slipped and fell at the entrance of a toilet in a shopping complex. The claimant alleged that the defendant was responsible for the area where the incident occurred and failed to…
Slip and Trip – warning signs for hazards

In a January 2025 judgment the high court dealt with a claim for damages by a claimant who tripped and fell in a shopping mall. The claimant alleged that the defendants who owned the mall were responsible for the area where the incident occurred and failed to ensure it was safe for patrons. The central…
Police officers and duty to care

In January 2025, the court addressed a claim for loss of support following the wrongful death of the first plaintiff’s husband, who died after being taken into police custody. The claimants, consisting of the deceased’s wife and two daughters, alleged that the police failed to provide the necessary medical care to the deceased, leading to…
Limiting the duty of care of a shop owner to customers


Shop owners have a duty of care to their customers. The duty of care necessitates preventing harm to customers, which can be reasonably foreseen. The duty is however not limitless.
In De Wet v Gateway Plaza Meatworld CC De Wet slipped and fell at Gateway Plaza. She alleged that her fall was caused by oil…
Your storekeeper’s duty of care


The High Court has held that the owner and manager of a supermarket negligently breached the duty of care it owed to a shopper who was injured trying to stop a loose rack from falling.
The customer’s claim arose out of an incident in which he sustained a ruptured bicep when he was shopping at…
Hospital receptionists owe duty to inform patients accurately regarding available medical assistance

A judgment of the English Court of Appeal which we called ‘bizarre’ and ‘peculiar’ has been predictably overturned by the UK Supreme Court. The Supreme Court found that the hospital run by the NHS Trust is liable to a patient with a head injury who had been given misinformation by the hospital receptionist that he…
African mine victims entitled to sue holding company in the UK

The English Court of Appeal has allowed Zambian citizens from the Copperbelt to sue the holding company of a Zambian mining company that allegedly caused pollution and environmental damage resulting in personal injury, damage to property and loss of income to the Zambian claimants.
The processing and disposal of tailings and other effluent from a…
Doctor/Patient confidentiality and failure to disclose genetic risk of Huntington’s Disease (UK)

A pregnant woman in the UK has sued a hospital and mental facility for failing to inform her that she had, through her father, a high risk of suffering from Huntington’s disease. Huntington’s Disease is a hereditary condition causing damage to the brain cells, giving rise to disruption of movement, cognition and personality change and…