Tag archives: Negligence

Doctor negligent for not referring wounded patient for higher level of care soon enough

By Bryce Perrett on March 16, 2023 Posted in Healthcare

Whether a doctor’s conduct is reasonable or negligent is tested by comparing it with what would be expected of a reasonable doctor in the circumstances. The test does not expect the doctor to have the highest level of skill and expertise but rather the general level of skill and diligence possessed and exercised at the … Continue reading

Failure of school to provide proper first aid providers at a rugby match is negligent

By Anika de Kock on February 21, 2023 Posted in Insurance

This blog was co-authored by: Adrienne Cloete, Candidate Attorney. The hosting school hosted a rugby tournament. During a match with a visiting school the claimant (Izak), playing for the visiting school team suffered a neck injury after being tackled by a player from the opposing team. The player was carried off the field by two … Continue reading

Slips, trips and independent contractors

By Donald Dinnie on September 2, 2022 Posted in Insurance

This blog was co-authored by: Carly Lakin, Candidate Attorney In this judgment the court considered whether the principal was liable for the negligence of an independent contractor. An attorney at the Gqeberha Magistrates’ Court slipped on a wet floor and sustained injuries. He instituted action against the Minister of Public Works & Infrastructure as the … Continue reading

Shop owners need to reasonably protect their patrons

By Rethabile Shabalala and Anika de Kock on May 25, 2022 Posted in Insurance

The High Court in Gqeberha has confirmed that the shop owner has the legal duty to take the reasonable steps to prevent harm to its patrons and to take the reasonable steps to warn customers of potential dangers. Whilst shopping at the store of the defendant, the claimant, slipped and fell due to cake flour … Continue reading

The test for negligence

By Donald Dinnie on February 3, 2022 Posted in Insurance

The test for negligence is straightforward and summarised in the frequently cited judgment of Kruger v Coetzee 1966 2 SA 428 A at 430 E-H If a reasonable person would have foreseen the reasonable possibility of harm and would have taken reasonable steps to prevent it happening, and the person in question did not do … 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

Defences to liability for dog bites

By Donald Dinnie on September 16, 2020 Posted in General

The owner of a dog that attacks a person who neither provoked the attack nor by their negligence directly caused their own injury is liable, as owner, to make good the resultant damages. Based on Roman law, for nearly 200 years the law in South Africa has been accepted that owners of animals are strictly … Continue reading

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

Tour organisers not liable for ‘White Knuckle Jet Boat Thrill Ride’ injury (Ireland)

By Patrick Bracher (ZA) on April 24, 2020 Posted in General

The claimant failed in her damages claim against the organisers of her overseas holiday for an injury to her elbow suffered on a ‘White Knuckle Jet Boat Thrill Ride’ excursion that she had signed up for whilst on a cruise. She failed in her allegations of negligence that, despite the fact that she was aware … Continue reading

Enforceability of a clause excluding liability for negligence

By Siyabonga Mathe on April 14, 2020 Posted in General

A clear and unambiguous exclusion clause may be relied upon to avoid liability for damages arising from the negligent failure to fulfil a contractual duty. The wording of the exclusion clause must, however, specifically mention the extent to which liability is excluded. The courts generally interpret an exclusion clause as not covering negligent conduct if … 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

Responsibility of resort for sexual assault of guest

By Donald Dinnie on January 26, 2020 Posted in General

The terrible and harrowing tale of an 18 year old mildly intellectually impaired woman can be read in the judgments of the high court (Bridgman NO v Witzenberg Municipality and others) and the appeal judgment of Witzenberg Municipality v Bridgman NO and others of 3 December 2019. Both the lower and appeal court had no … Continue reading

Exclusion of liability in carriage document for deck cargo

By Patrick Bracher (ZA) on June 9, 2019 Posted in General

Where a bill of lading provided that ‘the carrier shall in no case be responsible for loss of or damage to the cargo, howsoever arising … in respect of deck cargo’ the English High Court held that the provision effectively excluded liability for deck cargo which was lost overboard from the vessel in heavy seas. … Continue reading

Municipality has a legal duty to provide supervision at a beachside facility

By Yash Naidoo on October 3, 2017 Posted in General

The Supreme Court of Appeal has held that the eThekwini Municipality had a legal duty to supervise and control access to a water slide built for children and situated in a pool on the Durban beachfront Promenade. A mother had taken her son for a day by the sea. The son joined one of many … Continue reading

Broker beats negligence claim for not pointing out copper exclusion (US)

By Patrick Bracher (ZA) on September 29, 2016 Posted in Insurance

A Kentucky trucking company suffered a theft of copper shipments and the insurers rejected the claim because there was a copper exclusion in the policy. The company then sued its broker for negligently failing to notify the company about the copper exclusion in its renewed policy. The policies for the previous two years had provided … Continue reading

Proximate cause – hacked computer of negligent employee

By Patrick Bracher (ZA) on June 6, 2016 Posted in Insurance

A US bank employee left her individual token in her computer and left the computer running at the end of a work day. Overnight two unauthorised wire transfers had been made to different banks in Poland and one of $485 000 could not be recovered. The policy covered loss resulting from hacking but excluding loss ’caused … Continue reading