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Filter: Damages
Be extra careful with children in your care

07 July 2016

My son got hurt at school when a steel post holding a newly planted tree upright, punctured his leg while... he and his friends were playing on the school grounds. The school denies any negligence and feels that my son should have kept a sharper eye on possible dangers. Is the school liable, or is my son alone responsible for his damage and injuries?

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629
Article
Don’t let a lack of railings on your stairway be your downfall

08 September 2015

A plumber visited my new house to repair a water leak in my upstairs bathroom. He fell from the second... story of my house and claims that he fell because I did not have stair railings. I have not yet had my railings installed as they are quite expensive and I am still saving for this. We have however been using the house for a few months without the railings and without incident. The plumber is now threatening to sue me for damages. Can he do this?

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825
Article
Workplace defamation: Can I claim damages?

11 June 2015

You are a supervisor managing a number of staff. The business is upon hard times and this stress spills over... into the workplace where staff tempers are short. One day a heated argument between employees arise. When you try and calm them down, the one employee verbally attacks and abuses you, calling you unintelligent and a liar and hurls derogatory slurs at you to embarrass you in front of the other staff. You feel belittled and reluctant to face your staff because you feel your character has been undermined by the employee’s conduct. Can you sue this employee for defamation of your character? 

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536
Article
Indemnities: Beware

07 November 2014

Mr Smith was on a tour through the very beautiful Garden Route. When booking into the guesthouse he signed the... usual registration forms. He was on vacation, enjoying good food, drinks and beautiful scenery and did not give the form he was signing a second thought – it was in essence the “usual registration form”. The form contained a clause that stated, “the guesthouse shall not be responsible for any injury...on the premises...caused or arising from the negligence or wrongful acts of any person in the employment of the guest house”. The following morning Mr Smit suffered serious bodily injuries when a heavy glass door fell on him. Now the question is- is the disclaimer that Mr Smith signed when checking in contractually binding?

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1332
Article
What to do about the bull on my bonnet?

08 July 2014

Motorists on our South African roads are exposed on a daily basis to the very real risk of colliding with... an animal. Road signs on our roads warn motorists against anything from penguins to hippos, cattle to porcupines, all which might be found crossing a road somewhere in the country. But what happens when we do hit a stray animal with our car?

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461
Article

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