Tag archives: Gross negligence

Disclaimer notices and gross negligence

By Donald Dinnie on January 19, 2023 Posted in Insurance

In this judgment, the court held that the two disclaimer notices displayed at the defendant’s premises did not exclude its liability for gross negligence. The plaintiff was a visitor to the defendant’s holiday resort and sustained injury when she fell into a hole when seeking shelter at a time when there was a sudden cloudburst … Continue reading

Gross negligence carve-outs

By Donald Dinnie on February 19, 2020 Posted in General

Often ‘gross negligence’ is used as a carve-out from a no-liability clause. The Consumer Protection Act expressly provides that a supplier cannot exclude liability for gross negligence. Negligence is the deviation from the standard of care expected of a reasonable person in the particular circumstances. Clearly more than mere negligence is involved when a person … Continue reading

Reviewing the law on ‘reasonable precautions’

By Donald Dinnie on January 29, 2020 Posted in Insurance

The reasonable precautions clause which commonly appears in policies requires the insured to take reasonable steps to safeguard the insured property or prevent accidents and minimise loss, damage or liability (or variations thereof). The clause most likely requires proof of recklessness on the part of the insured but interestingly, there is no authoritative judgment by … Continue reading

Gross negligence and reasonable precautions

By Raynold Tlhavani (ZA) on May 10, 2016 Posted in Insurance

Subject to the provisions of the policy, the fact that a loss or occurrence insured against is caused by the insured’s negligence is irrelevant. This applies to all negligent acts, even those that are grossly negligent. It also holds true for so-called reckless conduct, if the recklessness involved is nothing other than gross negligence. The … Continue reading