Naidoo v Trustees for the Time Being of the Habib Arbee Family Trust (12544/2010)
Naidoo v Trustees for the Time Being of the Habib Arbee Family Trust (12544/2010) [2015] ZAKZDHC 38 (12 May 2015)
The court found that the defendant allowed a dangerous situation to persist on the rooftop by failing to provide adequate warnings or safeguards against the risk posed by the glass skylight. The evidence established that tenants, including the plaintiff, regularly accessed the rooftop for laundry, and the defendant was aware of this usage. The faded warning sign on the skylight was not visible, and the plaintiff had no knowledge of the danger. The defendant failed to take reasonable steps to prevent foreseeable harm, and the incident was reasonably foreseeable. The court rejected the defendan…
Source excerpt
- Negligence
- Landlord Liability
- Occupier Safety
- Contributory Negligence