If you suffer an injury which was caused by someone not acting in the way that one may reasonably expect of others, then it is likely that our law will allow a claim for damages resulting from the injury because of the other person’s negligence.
Think of it in this way: John’s recent visit to the shopping centre to enjoy the recent Black Friday offerings, ended with a visit to the Emergency Room. He tripped and fell on a raised and uneven section of flooring in the shopping mall and broke his wrist. He can claim against the owner of the centre as they were negligent in not ensuring that the floor is safe to walk on, or to warn visitors of the uneven flooring.
Claims in respect of Injuries sustained as a result of a motor vehicle accident, works in the same way. If there was negligence on the side of a driver, then a claim for damages arises for those who suffered damages. In the case of motor vehicle accidents, the claim will not be against the relevant driver, but against the Road Accident Fund.
For further information or enquiries, contact us on 041 363 6044 or info@kaplans.co.za.
