Strydom v Strecker and Another (3037/2012) [2015] ZAGPPHC 631; 2015 (6) SA 356 (GP) (10 September 2015)

Strydom v Strecker and Another (3037/2012) [2015] ZAGPPHC 631; 2015 (6) SA 356 (GP) (10 September 2015)

The court found that the defendants owed a legal duty to take reasonable steps to protect B from harm posed by the fish pond, as the pond constituted a source of danger. However, the defendants had warned both the plaintiff and his ex-wife about the danger, and both parents were aware of the risk, especially given B's increased mobility. The court held that the warning constituted a reasonable step that discharged the defendants' legal duty. Imposing a higher duty of care on the defendants than on B's own parents would be unreasonable. The court concluded that the defendants were not negligent and had fulfilled their legal obligations under the bonis mores standard and common law.

Citation
[2015] ZAGPPHC 631
Parties
Plaintiff: Benjamin Johannes Strydom; Defendant: Marthinus Wessel Pretorius Strecker; Defendant: Elmarie Strecker
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 September 2015
Case Number
3037/2012
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed with costs.
Judges
N Kollapen
Legal Topics
Duty of Care, Wrongfulness, Negligence, Best Interests of Child, Premises Liability, Parental Supervision
Delict Land and Property Family and Children Duty of Care Wrongfulness Negligence Best Interests of Child Premises Liability +1 more

Case Brief

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Parties

Benjamin Johannes Strydom

Plaintiff

Marthinus Wessel Pretorius Strecker

Defendant

Elmarie Strecker

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Was there a legal duty on the Defendants to protect the minor child B from harm posed by the fish pond on their property.
  2. 2 Did the warning given to B's parents about the fish pond discharge the Defendants' legal duty of care.
  3. 3 Were the Defendants negligent in failing to take further steps to prevent harm to B.

Ratio Decidendi

The court found that the defendants owed a legal duty to take reasonable steps to protect B from harm posed by the fish pond, as the pond constituted a source of danger. However, the defendants had warned both the plaintiff and his ex-wife about the danger, and both parents were aware of the risk, especially given B's increased mobility. The court held that the warning constituted a reasonable step that discharged the defendants' legal duty. Imposing a higher duty of care on the defendants than on B's own parents would be unreasonable. The court concluded that the defendants were not negligent and had fulfilled their legal obligations under the bonis mores standard and common law.

Court Disposition

Plaintiff's claim dismissed with costs.

Orders

  • The plaintiff's claim is dismissed with costs, including the costs of 16 April 2015 and 17 April 2015, and including the costs of the expert witness, Mr J M Gouws.