Hattingh v Roux NO and Others (2011 (5) SA 135 (WCC)) [2011] ZAWCHC 100; 18650/07 (4 May 2011)

Hattingh v Roux NO and Others (2011 (5) SA 135 (WCC)) [2011] ZAWCHC 100; 18650/07 (4 May 2011)

The court found, on a balance of probabilities, that Alex Roux executed the manoeuvre coded 'jack-knife' by deliberately placing his head in the incorrect channel of the scrum, thereby blocking Ryand Hattingh's channel and causing direct force onto Ryand's neck, resulting in serious injury. This conduct was not only forbidden by the laws of rugby but constituted a serious transgression not normally associated with the game, and was unexpected and extremely dangerous. The court held that such conduct was wrongful and intentional, and not a risk reasonably consented to by participants in rugby. The defence of consent failed because Ryand could not have appreciated or consented to the risk...

Citation
[2011] ZAWCHC 100
Parties
Plaintiff: Ferdi Hattingh (in his personal capacity and on behalf of Ryand Karel Hattingh); Defendant: Mr Roux N.O.; Defendant: Alex Roux; Respondent: Ben Malan; Respondent: DP van Emmenis; Respondent: Cameron Dugmore N.O.
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
4 May 2011
Case Number
18650/07
Procedural Posture
Civil Trial / Merits Trial; Quantum Reserved
Outcome
Second defendant found liable to pay damages to plaintiff and Ryand Karel Hattingh for injuries sustained in the rugby match.
Judges
P B Fourie
Legal Topics
Sports Injury Liability, Volenti Non Fit Injuria, Wrongfulness and Fault, Consent to Risk, Negligence, Intentional Conduct
Delict Sports Injury Liability Volenti Non Fit Injuria Wrongfulness and Fault Consent to Risk Negligence Intentional Conduct

Case Brief

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Parties

Ferdi Hattingh (in his personal capacity and on behalf of Ryand Karel Hattingh)

Plaintiff

Mr Roux N.O.

Defendant

Alex Roux

Defendant

Ben Malan

Respondent

DP van Emmenis

Respondent

Cameron Dugmore N.O.

Respondent

Procedural Posture

Civil Trial / Merits Trial; Quantum Reserved

Legal Issues

  1. 1 Whether the injury sustained by Ryand Karel Hattingh during a rugby match was caused by the wrongful and culpable conduct of Alex Roux.
  2. 2 Whether the manoeuvre executed by Alex Roux constituted a serious transgression not normally associated with rugby and was therefore actionable.
  3. 3 Whether Ryand Karel Hattingh consented to the risk of injury in the manner in which it occurred, thereby excluding liability.

Ratio Decidendi

The court found, on a balance of probabilities, that Alex Roux executed the manoeuvre coded 'jack-knife' by deliberately placing his head in the incorrect channel of the scrum, thereby blocking Ryand Hattingh's channel and causing direct force onto Ryand's neck, resulting in serious injury. This conduct was not only forbidden by the laws of rugby but constituted a serious transgression not normally associated with the game, and was unexpected and extremely dangerous. The court held that such conduct was wrongful and intentional, and not a risk reasonably consented to by participants in rugby. The defence of consent failed because Ryand could not have appreciated or consented to the risk...

Court Disposition

Second defendant found liable to pay damages to plaintiff and Ryand Karel Hattingh for injuries sustained in the rugby match.

Orders

  • It is declared that the second defendant is liable to pay to the plaintiff and his son, Ryand Karel Hattingh, such damages as they may prove they have suffered as a consequence of the neck injury sustained by Ryand Karel Hattingh in the rugby match played between the under 19A teams of Labori High School and...
  • The second defendant is to pay the plaintiffs' costs of suit, including the costs of two counsel and the qualifying charges of the expert witnesses Dr. Z. Domingo and Mr. I. S. De V. Swan.