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South Africa decisions
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Lakay v Minister of Justice and Correctional Services and Another (22403/2017) [2022] ZAWCHC 221 (2 November 2022)
The High Court held the state liable after a visitor tripped on an unsafe prison pathway and found the defendants failed to repair or warn of the hazard.
City of Cape Town v Carelse and Others (296/2019) [2020] ZASCA 117; [2020] 4 All SA 613 (SCA); 2021 (1) SA 355 (SCA) (1 October 2020)
The Supreme Court of Appeal held that the City of Cape Town, as the controlling authority of the Day Camp, owed a legal duty to ensure the safety of visitors, which included taking reasonable steps to prevent the entry of dogs through all access points. The City was aware that a significant number of visitors and dogs entered through unsupervised side entrances and failed to provide signage or access control at these points. This omission was both wrongful and negligent, as the risk of harm was foreseeable and reasonable measures could have been implemented without undue financial burden. The…
Source excerpt
Carelse v City of Cape Town (13310/2015) [2018] ZAWCHC 173; [2019] 2 All SA 125 (WCC) (12 December 2018)
The High Court held the City of Cape Town liable after a dog attacked a swimmer at Harmony Park Day Camp, finding inadequate access control at side entrances.
Stone v Mangaung Metropolitan Municipality (4976/2016) [2018] ZAFSHC 98 (25 May 2018)
The High Court held Mangaung Metropolitan Municipality solely liable for injuries caused by broken swimming pool steps and rejected its ‘enter at own risk’ defence.
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