Tag archives: Duty of care

Limiting the duty of care of a shop owner to customers

By Deniro Pillay (ZA) and Purnel Gangiah on September 16, 2020 Posted in General

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 … Continue reading

Your storekeeper’s duty of care

By Hishaam Khan and Yash Naidoo on March 17, 2020 Posted in General

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 … Continue reading

Hospital receptionists owe duty to inform patients accurately regarding available medical assistance

By Sandra Sithole (ZA) on November 12, 2018 Posted in General

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 … Continue reading

African mine victims entitled to sue holding company in the UK

By Patrick Bracher (ZA) on November 22, 2017 Posted in General

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 … Continue reading

Doctor/Patient confidentiality and failure to disclose genetic risk of Huntington’s Disease (UK)

By Sandra Sithole (ZA) on June 5, 2017 Posted in General

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 … Continue reading

Duty to disclose diagnosis of a genetic disease may be extended to family members (UK)

By Sandra Sithole (ZA) on June 5, 2017 Posted in General

In a landmark judgment, the English court of appeal has opened the door in the UK to the extension of the duty of care owed by a hospital to the daughter whose father had been diagnosed with Huntington’s Disease despite the father refusing to consent to the disclosure. The facts of this case are tragic. … Continue reading

Higher degree of care required when dealing with children

By Sandra Sithole (ZA) on May 22, 2016 Posted in General

A higher degree of care is required when dealing with children. Teachers owe young children in their care a legal duty to act positively to prevent physical harm being sustained by them through misadventure. The appellant Pro Tempo Akademie CC, conducts a school which caters for learners who struggle with learning disabilities and which Jaco, a … Continue reading