by Wessels + Van Zyl Inc | Jun 27, 2023 | Delict and Civil Claims
“…in general, ownership of an animal should carry with it strict liability for any harm done by the animal.” (Extract from judgment below) Owning a pet comes with both joys and responsibilities, and a recent High Court award of almost R100,000 in damages to the victim...
by Wessels + Van Zyl Inc | Feb 24, 2023 | Delict and Civil Claims
“The American Automobile Association estimated in the five years prior to 2016 that 16 million drivers in the United States have suffered damage from potholes to their vehicle including tire punctures, bent wheels, and damaged suspensions with a cost of $3 billion a...
by Wessels + Van Zyl Inc | Nov 28, 2022 | Delict and Civil Claims
“This is a running down case: literally” (Extract from judgment below) The scene is Cape Town’s iconic Sea Point Promenade. An elite runner participating in a race knocks down a pedestrian out for a Sunday walk, causing serious injuries. The pedestrian sues both the...
by Wessels + Van Zyl Inc | Mar 29, 2022 | Delict and Civil Claims, Property
A recent High Court decision saw both a sectional title unit owner and his cupboard contractor held liable for damages suffered by an 11-year-old boy electrocuted by a communal tap. The complex’s body corporate and an electrician were also sued but escaped liability....
by Wessels + Van Zyl Inc | Mar 29, 2022 | Delict and Civil Claims
“Where one of the parties wishes to be absolved either wholly or partially from an obligation or liability which would or could arise at common law under a contract of the kind which the parties intend to conclude, it is for that party to ensure that the extent...
by Wessels + Van Zyl Inc | Nov 25, 2021 | Delict and Civil Claims
“… it is by now long established in our law that the owner or other person or entity in control of a shopping mall has a legal duty to take reasonable steps to ensure that its premises are ‘reasonably safe’ for those members of the public who might frequent them …...
