Draghoender v Lukhanji Municipality (972/2016) [2018] ZAECGHC 105 (2 October 2018)

Draghoender v Lukhanji Municipality (972/2016) [2018] ZAECGHC 105 (2 October 2018)

The court found that the municipality was aware of the dangerous condition of the stands and that they were the only seating available to spectators after the borrowed stands were returned. The municipality failed to take reasonable steps such as removing the stands, wrapping danger tape, or placing warning signs, all of which could have been done easily and inexpensively. The plaintiff and other spectators regularly used the stands without incident and were unaware of the danger. The municipality's omission was wrongful and negligent, as a reasonable person in its position would have foreseen the risk and acted to prevent harm. The defences of contributory negligence and volenti non fit...

Citation
[2018] ZAECGHC 105
Parties
Plaintiff: Jan Draghoender; Defendant: Lukhanji Local Municipality
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
2 October 2018
Case Number
972/2016
Procedural Posture
Civil Trial / Liability Separated From Quantum; Trial on Liability Only
Outcome
Plaintiff's claim for liability succeeds; municipality found liable for damages arising from wrongful and negligent conduct.
Judges
G H Bloem
Legal Topics
Municipal Liability, Negligence, Dangerous Premises, Apportionment of Damages, Volenti Non Fit Iniuria
Delict Land and Property Municipal Liability Negligence Dangerous Premises Apportionment of Damages Volenti Non Fit Iniuria

Case Brief

Summary, issues, holding and outcome

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Parties

Jan Draghoender

Plaintiff

Lukhanji Local Municipality

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Trial on Liability Only

Legal Issues

  1. 1 Whether the municipality is liable in delict for harm suffered by the plaintiff due to a fall through defective stands at a municipal stadium.
  2. 2 Whether the municipality owed a legal duty to prevent harm to spectators using the stands.
  3. 3 Whether the municipality's conduct was wrongful and negligent.

Ratio Decidendi

The court found that the municipality was aware of the dangerous condition of the stands and that they were the only seating available to spectators after the borrowed stands were returned. The municipality failed to take reasonable steps such as removing the stands, wrapping danger tape, or placing warning signs, all of which could have been done easily and inexpensively. The plaintiff and other spectators regularly used the stands without incident and were unaware of the danger. The municipality's omission was wrongful and negligent, as a reasonable person in its position would have foreseen the risk and acted to prevent harm. The defences of contributory negligence and volenti non fit...

Court Disposition

Plaintiff's claim for liability succeeds; municipality found liable for damages arising from wrongful and negligent conduct.

Orders

  • The defendant is liable to compensate the plaintiff for any proved or agreed damages suffered as a result of the defendant's wrongful and negligent conduct on 19 April 2015.
  • The defendant must pay the plaintiff's costs of suit.