South Africa Case Law

Stedall and Another v Aspeling and Another (1326/2016)

Stedall and Another v Aspeling and Another (1326/2016) [2017] ZASCA 172; 2018 (2) SA 75 (SCA) (1 December 2017)

Court

Supreme Court of Appeal

Case number

1326/2016

Judges

Cachalia, Leach, Petse, Mocumie, Ploos van Amstel

The Supreme Court of Appeal held that the respondents failed to establish the element of wrongfulness required for delictual liability. The child was brought to the appellants' home under the supervision of her mother, who was aware of the swimming pool and its potential dangers. The law does not require a homeowner to provide greater supervision than the parent, nor does it impose an absolute duty to secure every potential danger on the property. The omission to secure the pool gate was not wrongful in the circumstances, as public and legal policy do not demand liability where a child guest…

Source excerpt

• Negligent Omission
• Wrongfulness
• Parental Supervision
• Liability Of Landowner
• Apportionment Of Blame

Petterson NO v Road Accident Fund (6552/2003)

Petterson NO v Road Accident Fund (6552/2003) [2005] ZAKZHC 28 (29 July 2005)

Court

High Courts - Kwazulu Natal

Case number

6552/2003

Judge

Ndlovu

The High Court held the Road Accident Fund solely liable for a collision that injured a minor pedestrian, finding the insured driver negligent and awarding costs.

• Road Accident Fund Act
• Negligence
• Liability Of Motorists
• Curator Ad Litem
• Apportionment Of Blame
• Road-accident-fund