Public Liability (Port Elizabeth)

It is vital to recognise the fact that even in Port Elizabeth, South Africa that things happen, things that may not have been intended, but none the less they happen - then what happens? People and businesses often under estimate the fact of what could arise in them incurring liability. This is not meant to engender fear - its a fact of life. Everything we do has a legal consequence - mostly they pass by unnoticed in the blur which is modern life - others impact upon us to a greater or a lesser extent.
In this post I will be looking at a few instances which affect private people and then in subsequent blogs we shall look at businesses.

If you own a dog, you may accept that you should avoid the dog biting a person who enters onto your property legally or that you should not allow you dog out. The fact is that dog bite cases are strict liability in South Africa. This means that should you dog bite another person you are liable as soon as it is proven that it is your dog - the only other concern for the Court will be the amount (quantum).
It is important that your insurance covers dog bites and of course under what circumstances they will pay. the fact is if you have a dog, please be careful.
I was asked the other day by a friend what about the situation where a property owner, being an avid gardener creates a garden on the municipal verge, what then. the fact is that your property ends at your property line, gardening on the municipal verge is in fact an encroachment on public property. the other consideration is the fact that the verge is their for people to be able to walk on the pavements without danger or fear of being impaled by a spiky plant etc I think you get the idea.
The realty is that South Africa's damages law is ever developing and the chances are that doing anything which may endanger another and cause them to suffer foreseeable damages will lead them to having a fair chance at suing you. In this case it will not be the plaintiff's attorney who is the bad guy, we should all be responsible and looking out for others, by ensuring that we do not not through our acts or omissions create conditions which are conducive to causing harm.

It may be good advice to look into the terms and conditions of your public liability cover and the cover that you have contracted for - a bit of diligence now can go a long way.

The key is to get professional advice - advice around a braai, beer in hand sounds great at the time - but you often get what you pay for.