Pieterse v FLM SA (Pty) Ltd and Others (994/2019) [2024] ZAFSHC 34 (5 February 2024)

Pieterse v FLM SA (Pty) Ltd and Others (994/2019) [2024] ZAFSHC 34 (5 February 2024)

The court found that neither FLM nor the Trust owed a legal duty to maintain the exterior paving in a manner that would guarantee a perfectly even surface. The lease agreement placed responsibility for the exterior on the Trust, but the evidence did not establish that the paving was in a dangerous or hazardous condition. The plaintiff failed to prove the exact location and cause of her fall, and her evidence was found to be vague and unreliable. The presence of a disclaimer notice was acknowledged, and the plaintiff was found to have been inattentive, failing to keep a proper lookout. The court held that the mere existence of uneven paving does not automatically equate to negligence or...

Citation
[2024] ZAFSHC 34
Parties
Plaintiff: Eloréze Pieterse; Defendant: FLM SA (Pty) Ltd; Defendant: Joseph Reynolds Chemaly N.O.; Defendant: Michael Nicolas Georgiou N.O.; Defendant: Adriana Georgiou N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 February 2024
Case Number
994/2019
Procedural Posture
Civil Trial / Liability Separated From Quantum; Judgment on Liability
Outcome
Plaintiff's claim dismissed with costs.
Judges
Van Rhyn
Legal Topics
Negligence, Duty of Care, Premises Liability, Apportionment of Damages Act, Wrongfulness, Personal Injury
Delict Land and Property Negligence Duty of Care Premises Liability Apportionment of Damages Act Wrongfulness Personal Injury

Case Brief

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Parties

Eloréze Pieterse

Plaintiff

FLM SA (Pty) Ltd

Defendant

Joseph Reynolds Chemaly N.O.

Defendant

Michael Nicolas Georgiou N.O.

Defendant

Adriana Georgiou N.O.

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Judgment on Liability

Legal Issues

  1. 1 Whether FLM SA (Pty) Ltd and/or the Trust owed a legal duty of care to the plaintiff regarding the maintenance of the exterior paving.
  2. 2 Whether the paving was in a dangerous or unsafe condition amounting to negligence.
  3. 3 Whether the plaintiff proved the cause and location of her fall.

Ratio Decidendi

The court found that neither FLM nor the Trust owed a legal duty to maintain the exterior paving in a manner that would guarantee a perfectly even surface. The lease agreement placed responsibility for the exterior on the Trust, but the evidence did not establish that the paving was in a dangerous or hazardous condition. The plaintiff failed to prove the exact location and cause of her fall, and her evidence was found to be vague and unreliable. The presence of a disclaimer notice was acknowledged, and the plaintiff was found to have been inattentive, failing to keep a proper lookout. The court held that the mere existence of uneven paving does not automatically equate to negligence or...

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff’s claim is dismissed with costs.