Courts taking increasingly dim view of personal injuries caused by negligence

Issued by Mediaservices on behalf of Christopher Consulting
Attention: News editors
17 March 2017

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Courts taking increasingly dim view of personal injuries caused by negligence

South African courts are taking an increasingly dim view of injuries caused by the negligence of others and growing numbers of claimants are succeeding in claiming compensation for their injuries.

One of the latest to succeed is Crystal Ann Beaver who managed to obtain a court order stipulating that the Villa Funchal restaurant in Willowmore Park is 100% liable for the injuries she sustained when she fell over a step in their toilet cubicle which was in darkness and higher than the rest of the floor.

Sunelle Van Heerden, marketing manager for Christopher Consulting who funded the forensic investigation and who appointed the legal team said it was evident from the growing number of cases passing through the courts that more people had become aware of the fact that they could claim compensation if they got hurt because of the negligence of others.

“In this instance there was no warning sign to alert users of the toilet that the floor in the stall was higher and that they should mind the step.”

Beaver, 62, a wage clerk, claimed around R1,8-million from Villa Funchal. No quantum has as yet been set and will be determined at a later trail.

On February 9 2014, Beaver injured her spine and lost several teeth when she fell. She was taken to the OR Tambo Memorial Hospital in Boksburg by paramedics.

She was temporarily paralysed and could not move either her arms or her legs.

After she was released she remained in continuous pain and is no longer able to walk her dogs or go fishing – two of her great passions.

Although there has been a growing awareness among the public that they were liable for compensation in cases where negligence was involved, Van Heerden said not enough people were aware of their rights under the law.

“I am amazed on a daily basis about how reckless people can be when it comes to the safety and wellbeing of others whether it be in hospital or in a public place.”

“We all have a reasonable expectation that we will be safe. When injury or death occurs as a result of negligence the injured parties have the right to be compensated for their loss.”

“Christopher Consulting funded the risk and all disbursements including the attorney’s and advocate’s fee, on the claim of Crystal Ann Beaver on a no-win-no-fee basis. This gave her equal access to the law and to a world class legal team.”

Note to subs: For more information please contact Sunelle van Heerden of Christopher Consulting on 012 460 7050 or on her cell 083 738 0996