Carelse v City of Cape Town (13310/2015) [2018] ZAWCHC 173; [2019] 2 All SA 125 (WCC) (12 December 2018)

Carelse v City of Cape Town (13310/2015) [2018] ZAWCHC 173; [2019] 2 All SA 125 (WCC) (12 December 2018)

The City of Cape Town owed a legal duty to ensure the safety of visitors at the Day Camp, including preventing dogs from entering the premises. While the City implemented access control at the main entrance, it failed to supervise or control access at the two side entrances, despite knowing that dogs and visitors regularly entered through these points. The City did not erect adequate signage or deploy law enforcement at the side entrances, even though dogs were a known and recurring problem. The risk of a dog attack was foreseeable given the prevalence of dogs and the City's own by-laws acknowledging the danger. The City's omission to take reasonable steps at all entrances was both...

Citation
[2018] ZAWCHC 173
Parties
Plaintiff: Fatima Carelse; Defendant: City of Cape Town; Third Party: Quinton Eksteen; Third Party: Dylan Eksteen
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
12 December 2018
Case Number
13310/2015
Procedural Posture
Civil Liability / Liability Phase; Quantum Postponed
Outcome
The City of Cape Town is liable for such damages as Ms Fatima Carelse may prove, arising out of the dog attack. Mr Quinton Eksteen is liable to contribute 50% of the proven damages to the City. The City shall pay the plaintiff's costs. Mr Quinton Eksteen is liable for the City's costs in the third-party notice...
Judges
Vos
Legal Topics
Municipal Liability, Negligence, Public Facility Safety, Actio De Pauperie, Access Control, Dangerous Animals
Delict Land and Property Civil Procedure Municipal Liability Negligence Public Facility Safety Actio De Pauperie Access Control +1 more

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Parties

Fatima Carelse

Plaintiff

City of Cape Town

Defendant

Quinton Eksteen

Third Party

Dylan Eksteen

Third Party

Procedural Posture

Civil Liability / Liability Phase; Quantum Postponed

Legal Issues

  1. 1 What is the nature of the City's admitted legal duty to the plaintiff?
  2. 2 Did the City act in a wrongful and negligent manner regarding access control and supervision at the Day Camp?
  3. 3 Was the Day Camp under the control of the City and its employees?

Ratio Decidendi

The City of Cape Town owed a legal duty to ensure the safety of visitors at the Day Camp, including preventing dogs from entering the premises. While the City implemented access control at the main entrance, it failed to supervise or control access at the two side entrances, despite knowing that dogs and visitors regularly entered through these points. The City did not erect adequate signage or deploy law enforcement at the side entrances, even though dogs were a known and recurring problem. The risk of a dog attack was foreseeable given the prevalence of dogs and the City's own by-laws acknowledging the danger. The City's omission to take reasonable steps at all entrances was both...

Court Disposition

The City of Cape Town is liable for such damages as Ms Fatima Carelse may prove, arising out of the dog attack. Mr Quinton Eksteen is liable to contribute 50% of the proven damages to the City. The City shall pay the plaintiff's costs. Mr Quinton Eksteen is liable for the City's costs in the third-party notice...

Orders

  • It is declared that the City of Cape Town is liable for such damages as Ms Fatima Carelse may prove, arising out of a dog attack on 7 December 2013 at the Harmony Park Day Camp.
  • Mr Quinton Eksteen is liable to contribute 50% of the aforementioned proven damages to the City of Cape Town.