Van Niekerk and Another v Van Eeden and Others (4136/05)
Van Niekerk and Another v Van Eeden and Others (4136/05) [2008] ZAFSHC 15 (13 March 2008)
The court found that the third defendant, as the authority responsible for the school, owed a legal duty to protect learners from foreseeable harm, including injuries resulting from access to dangerous substances. The evidence established that the storeroom containing drain cleaner was not properly secured, and the warning sign was not present at the time of the incident. The school failed to take reasonable steps to prevent unauthorised access, and the conduct of its employee in leaving the storeroom unlocked directly led to the injuries sustained by the second plaintiff. The incident occurr…
Source excerpt
- School Liability
- Negligence
- In Loco Parentis
- Dangerous Substances
- Statutory Liability