In Nsibande v Passenger Rail Agency of South Africa, the plaintiff sought damages for personal injuries sustained from allegedly falling off a moving train. The defendant denied liability, stating that the train doors were checked and found to be in working order, and that the doors were closed at the time of the alleged
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
A defendant is not liable unless their wrongful conduct in fact causes the claimant’s harm.
The defendant is also not liable merely because their conduct in fact caused the claimant’s harm. There must be both factual and legal causation.
The long accepted test of factual causation is the ‘but-for’ test. One asks whether the claimant’s