Tag archives: liability

School Injury and Liability

By Donald Dinnie on June 7, 2023 Posted in Insurance

This blog was co-authored with: Maano Manavhela, Candidate Attorney In this case, the Plaintiff’s two children aged 5 and 6 years old, sustained severe injuries at Shoshanguve Primary school when a newly constructed gate fell on them whilst they were on their way to the school’s portable toilets unsupervised. These severe injuries included broken bones … Continue reading

Liability insurance welding exclusion – What is spark-producing equipment (Australia)

By Donald Dinnie on March 15, 2023 Posted in Insurance

This December 2022 Australian judgment of Ritchie v Insurance Australia [2022] NSWCA 278) considered an event where two employees of the insured were engaged in installing reinforced steel into trenches as part of a residential building works and used a power cutter fitted with a cutting blade to cut reinforcing steel. The use of the … Continue reading

A reminder to employers; failure to guard against foreseeable harm at the workplace may attract liability

By Deniro Pillay (ZA) and Purnel Gangiah on February 22, 2023 Posted in Insurance

In circumstances where an employer fails to take reasonable steps to guard against the inherent dangers to employees in operating machinery on its premises, such entity may find itself liable for the damages sustained by the operator of the machinery. Operators of machinery must be reasonably trained by employers to ensure that they have the … Continue reading

Liability for dangerous premises causing a slip & fall

By Donald Dinnie on January 25, 2023 Posted in Insurance

This blog was co-authored by: Maano Manavhela, Candidate Attorney In this case, the claimant sustained severe bodily injuries when he stepped onto a powdery substance with his left foot and slipped and fell down the stairs leading to the ground floor of the defendant’s factory. The incident happened at his workplace but he was not … Continue reading

Disclaimer notices and the Consumer Protection Act

By Donald Dinnie on November 30, 2022 Posted in Insurance

In this case, the claimant fell at the entrance of the defendant’s restaurant premises. The claimant sued alleging negligence on the part of the defendant. One of the issues for determination was whether the defendant was absolved of any liability by virtue of the disclaimer notice. The disclaimer notice read (in capital letters): “All persons … Continue reading

The occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property

By Deniro Pillay (ZA) and Purnel Gangiah on November 15, 2022 Posted in Insurance

In a November judgment in Lakay v Minister of Justice & Another 2022 ZAWCHC 221, the court confirmed that the occupier of a property has a legal duty to prevent foreseeable harm to persons visiting the property. In determining liability, a factor which the court would take into account is whether the steps taken by … Continue reading

Double insurance (Australia)

By Donald Dinnie on June 30, 2022 Posted in Insurance

In this April 2022 judgement, the court reviewed and considered the doctrine of double insurance in the context of a motor vehicle accident claim where the third party insurer settled the claim and then sought a contribution from the insurer of the employer of the driver. And the effect in that context on double insurance of … Continue reading

Negligent conduct does not automatically attract liability

By Deniro Pillay (ZA) and Purnel Gangiah on June 28, 2022 Posted in Insurance

Where a claimant sues for damages for a personal injury claim, the proof of negligence does not automatically attract liability on the part of the third party for the claim. The claimant is required to prove that the third party’s negligent act or omission caused the harm or loss suffered by the claimant. This was … Continue reading

Legal liability of a shop owner in a ‘slip and trip’ incident

By Purnel Gangiah on May 30, 2022 Posted in Insurance

In any ‘slip and trip’ incident, a court will apply the negligence test namely that a person is liable for foreseeable harm caused to another that could have been avoided by the exercise of reasonable care. The plaintiff sued the defendant retail store for damages that she sustained as a result of slipping and falling … Continue reading

Requirements for principal’s liability for conduct of third party service provider

By Donald Dinnie on January 18, 2022 Posted in Insurance

This blog was co-authored by: Tristan Marot, associate designate In the high court judgment Legal Expenses Insurance Southern Africa Limited t/a Legalwise v Melamu, the high court confirmed that as a “general rule an employer is not liable for the wrongdoing of an independent contractor unless the employer was personally at fault.” The plaintiff sued a … Continue reading

Wrongfulness and liability for injury by animals

By Donald Dinnie on November 10, 2021 Posted in Insurance

This blog was co-authored by: Bwanika Lwanga, Candidate Attorney In this January 2021 judgment the high court in Minister of Justice and Correctional Services v Kitcher and Another (874/2019) [2021] ZANCHC 12 considered the question of whether the minister could be held liable for harm from an animal attack on premises within their control. Mr … Continue reading

Liability of boom operator for personal injury

By Donald Dinnie on October 14, 2021 Posted in Insurance

Some of our readers, like the author, will have experienced a near-miss from a descending boom at a carpark entrance. In an October 2021 judgment, the plaintiff successfully claimed for personal injuries sustained when the boom at the carpark operated by the defendant descended and struck her. The plaintiff alleged that her injuries were caused … Continue reading

An independent cleaning contractor does not assume a shopping mall owner’s duty of care

By Siyabonga Mathe on March 9, 2021 Posted in Insurance

The duty to take reasonable steps to ensure that a shopping mall is reasonably safe, falls on the owner or any person who may be in control of the premises. The appointment of an independent cleaning contractor, does not entitle the owner or the person in control to avoid liability for claims which arise as … Continue reading

Competition law has created a new form of delictual liability

By Patrick Bracher (ZA) on August 17, 2016 Posted in General

The high court award of R104 million payable by South African Airways to Nationwide Airlines is the first case to confirm that the Competition Act has created a new form of delictual liability for anyone that uses its dominant position in a market to impede or prevent a competing firm from entering into or expanding within … Continue reading

Duty of municipality to prevent harm

By Nikita Lume on March 22, 2016 Posted in General

Whether a municipality is required to act so as to avoid reasonably foreseeable harm and, if so, what steps it is required to take to prevent harm, depends what can be reasonably expected in the circumstances of each case. Undue demands cannot be placed on public authorities and functionaries. Their resources and the manner in … Continue reading

Opportunities for intermediaries and niche insurance products

By Christine Rodrigues on August 18, 2015 Posted in Insurance

The expanding regulatory framework has led to the increase of niche insurance products to cater for risks such as cyber liability and business rescue. The Consumer Protection Act and the Protection of Personal Information Act also add to the growing list of insurable risks. Liability insurance will gain importance as increased consumer awareness leads to … Continue reading