N v Member of the Executive Council for Education Gauteng Province (42538/2012)
N v Member of the Executive Council for Education Gauteng Province (42538/2012) [2016] ZAGPJHC 170 (17 June 2016)
The court found that the school and its staff owed a duty of care to the plaintiff's minor son, a grade R learner. The evidence established that the school failed to take adequate and reasonable steps to prevent foreseeable harm, given the age and vulnerability of the learners and the risks posed by the jungle gym. The school's preventative measures were insufficient, and the supervision ratio was inadequate. The defendant did not demonstrate that all reasonable precautions were taken. The incident was foreseeable, and the school breached its duty of care. The defendant is liable for all prov…
Source excerpt
- Negligence
- Duty Of Care
- Liability Of School
- Statutory Duty
- In Loco Parentis
- Culpae Incapax