P.P v Projectprop (Pty) Ltd and Another (838/2013) [2014] ZAGPPHC 1004 (28 November 2014)

P.P v Projectprop (Pty) Ltd and Another (838/2013) [2014] ZAGPPHC 1004 (28 November 2014)

The court found that the defendants failed to take reasonable steps to prevent foreseeable harm by leaving a manhole uncovered and unmarked on their premises during a public event. The evidence of the plaintiff and his witnesses was accepted as credible and corroborated, while the defendants' version was rejected due to contradictions and improbabilities. The disclaimer notice did not exempt the defendants from liability for the specific risk posed by the open manhole. The plaintiff proved on a balance of probabilities that the defendants were negligent and that their negligence caused his injuries. Accordingly, the defendants are liable for the plaintiff's proven damages.

Citation
[2014] ZAGPPHC 1004
Parties
Plaintiff: P.P; Defendant: Projectprop (Pty) Ltd; Defendant: Leloko Hartbeespoortdam Association
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 November 2014
Case Number
838/2013
Procedural Posture
Civil Trial / Final Judgment
Outcome
The defendants are held liable for the plaintiff's proven damages and ordered to pay costs.
Judges
Janse van Nieuwenhuizen
Legal Topics
Negligence, Premises Liability, Personal Injury, Burden of Proof
Delict Land and Property Negligence Premises Liability Personal Injury Burden of Proof

Case Brief

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Parties

P.P

Plaintiff

Projectprop (Pty) Ltd

Defendant

Leloko Hartbeespoortdam Association

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendants are exempted from liability due to a disclaimer notice at the entrance of the estate.
  2. 2 Whether the defendants' negligence caused the plaintiff's damages.

Ratio Decidendi

The court found that the defendants failed to take reasonable steps to prevent foreseeable harm by leaving a manhole uncovered and unmarked on their premises during a public event. The evidence of the plaintiff and his witnesses was accepted as credible and corroborated, while the defendants' version was rejected due to contradictions and improbabilities. The disclaimer notice did not exempt the defendants from liability for the specific risk posed by the open manhole. The plaintiff proved on a balance of probabilities that the defendants were negligent and that their negligence caused his injuries. Accordingly, the defendants are liable for the plaintiff's proven damages.

Court Disposition

The defendants are held liable for the plaintiff's proven damages and ordered to pay costs.

Orders

  • The defendants are liable to pay the plaintiff's proven damages.
  • The defendants are ordered to pay the costs of the suit, including the costs of Mr Vallance and Dr Badenhorst as contemplated in paragraph 2 of the Tariff of Allowances payable to witnesses in a Civil Case (GNR 394 of April 2008 published in GG 30953).