Van Vuuren v Ethekwini Municipality (7099/2012)
Van Vuuren v Ethekwini Municipality (7099/2012) [2016] ZAKZDHC 8 (19 February 2016)
The court found that the defendant municipality did not owe a legal duty to supervise or control children using its water slides in circumstances where the parent was present and able to exercise parental supervision. The structure of the slide was found to be safe, and there was no evidence that the harm suffered by the plaintiff's child would have been prevented by the presence of a supervisor. The court held that imposing such a duty on the municipality would create an unsustainable burden and was not supported by public policy or the legal convictions of the community. The primary duty of…
Source excerpt
- Duty Of Care
- Public Liability
- Parental Supervision
- Wrongfulness
- Negligence
- Municipal Facilities