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South Africa decisions
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Davidtz v Klimax Manufacturing (Pty) Ltd (25112/2019) [2022] ZAGPPHC 904 (22 November 2022)
The High Court found Klimax liable for a stairway slip-and-fall caused by powder from burnt cables, but reduced damages by 20% for contributory negligence.
Draghoender v Lukhanji Municipality (972/2016) [2018] ZAECGHC 105 (2 October 2018)
The High Court held Lukhanji Local Municipality liable after a spectator fell through unsafe temporary stands at a Queenstown stadium.
Cronje v Nelson Mandela Bay Metropolitan Municipality Uitenhage (800/09) [2010] ZAECPEHC 58 (16 September 2010)
The court found that the municipality owed a duty of care to pedestrians using the pavement and that the dangerous condition of the pavement constituted a foreseeable risk of harm. The evidence established that the pavement had been in a poor and hazardous state for at least six years, and municipal employees who regularly attended the area failed to report the danger, which was described as a dereliction of duty. The municipality's failure to repair the pavement was negligent and founded liability. However, the plaintiff was also found to be contributorily negligent, as she was aware of the…
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Du Plessis v Nelson Mandela Metropolitan Municipality (CA 371/08) [2009] ZAECGHC 54 (20 August 2009)
The municipality was repeatedly notified of the dangerous hole in the road but failed to take any action to repair it or warn road users. The evidence established that the hole posed a real risk, and the municipality's omission was unreasonable in the circumstances. The legal convictions of the community demanded that the municipality act to prevent foreseeable harm. The respondent's system for recording complaints was unreliable, and the evidence of prior notice was accepted. The municipality's failure to inspect, repair, or warn constituted negligence and a breach of its duty of care. The a…
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