R and Another v Member of the Executive of Education, Gauteng Province and Others (24232/2002) [2009] ZAGPPHC 394 (9 October 2009)

R and Another v Member of the Executive of Education, Gauteng Province and Others (24232/2002) [2009] ZAGPPHC 394 (9 October 2009)

The court found that the second plaintiff, aged 17 years and 8 months, was mature and athletic, and that his conduct in misusing the foefie slide by sliding down with another learner clinging to his waist was unreasonable and not foreseeable by the defendants. The evidence did not support the presence of warning signs at the time of the incident, but this did not translate into liability. The defendants' employees could not reasonably have foreseen that the second plaintiff would use the slide in such a dangerous manner. The plaintiffs failed to prove negligence on the part of the defendants or a causal connection between any alleged negligence and the injuries sustained. Accordingly, the...

Citation
[2009] ZAGPPHC 394
Parties
Plaintiff: C[...] B[...] R[...]-C[...]; Plaintiff: C[...] J[...] R[...]; Defendant: Member of the Executive of Education, Gauteng Province; Defendant: Frederick Jacobus Venter; Defendant: Bayete Resort Pty (Ltd)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 October 2009
Case Number
24232/2002
Procedural Posture
Civil Trial / Merits Only; Claim Against Second Defendant Withdrawn at Commencement
Outcome
Plaintiffs' action dismissed; no order as to costs.
Judges
Dolamo
Legal Topics
Negligence, Duty of Care, Vicarious Liability, Personal Injury, Supervision of Learners
Delict Civil Procedure Negligence Duty of Care Vicarious Liability Personal Injury Supervision of Learners

Case Brief

Summary, issues, holding and outcome

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Parties

C[...] B[...] R[...]-C[...]

Plaintiff

C[...] J[...] R[...]

Plaintiff

Member of the Executive of Education, Gauteng Province

Defendant

Frederick Jacobus Venter

Defendant

Bayete Resort Pty (Ltd)

Defendant

Procedural Posture

Civil Trial / Merits Only; Claim Against Second Defendant Withdrawn at Commencement

Legal Issues

  1. 1 Whether the defendants owed a duty of care to the learners during the camp.
  2. 2 Whether the defendants or their employees were negligent in supervising the learners using the foefie slide.
  3. 3 Whether the negligence, if any, was causally connected to the injuries sustained by the second plaintiff.

Ratio Decidendi

The court found that the second plaintiff, aged 17 years and 8 months, was mature and athletic, and that his conduct in misusing the foefie slide by sliding down with another learner clinging to his waist was unreasonable and not foreseeable by the defendants. The evidence did not support the presence of warning signs at the time of the incident, but this did not translate into liability. The defendants' employees could not reasonably have foreseen that the second plaintiff would use the slide in such a dangerous manner. The plaintiffs failed to prove negligence on the part of the defendants or a causal connection between any alleged negligence and the injuries sustained. Accordingly, the...

Court Disposition

Plaintiffs' action dismissed; no order as to costs.

Orders

  • Plaintiffs' action is dismissed.
  • No order as to costs is made.