Eskom Holdings Ltd v Hendricks (262/2004)
Eskom Holdings Ltd v Hendricks (262/2004) [2005] ZASCA 46; [2005] 3 All SA 415 (SCA); 2005 (5) SA 503 (SCA) (27 May 2005)
Eskom failed to rebut the statutory presumption of negligence under the Electricity Act, as the anti-climbing device installed on the pylon was inadequate and could be easily dismantled without tools, failing to provide the required protection. The court found that a reasonable person would have ensured the device could not be bypassed so simply, especially given the foreseeability of children climbing pylons. Regarding the cross-appeal, the court held that the injured child, J., was culpae incapax at the time of the incident. His conduct in attempting to touch the insulators was impulsive an…
Source excerpt
- Negligence
- Culpae Incapax
- Electricity Act Liability
- Adequate Protection Of Pylons
- Impulsive Child Behavior