Life-changing or catastrophic injuries that have a major impact on a person. This can be through permanent disability, ongoing health problems, or reduced life expectancy. If you’ve suffered a life-changing injury as a result of someone else’s negligence, you could be entitled to compensation.
Understanding Personal Injury Claims in South Africa
Personal injury claims in South Africa are governed by the principles of the Law of Delict. If you have been injured due to someone else’s negligence, you generally have three years from the date of the injury to institute legal action. However, there are exceptions to this rule, so it’s crucial to seek legal advice as soon as possible.
What Can You Claim?
When you suffer a personal injury, you may be entitled to claim compensation for various types of damages, including:
In cases where a person dies due to a motor vehicle accident, medical malpractice, a train accident, assault, dog bite, or injuries sustained in public spaces, the deceased’s dependents can claim damages for loss of support and funeral expenses.
Types of Personal Injuries
Personal injuries can occur in various situations, including but not limited to: Road Accident and Motor Vehicle Claims, Medical Negligence Claims, Medical Malpractice Claims, Metrorail Accidents, Aviation Accidents, Slip and Fall Claims, Life and Gate or Door Malfunction Claims, Workplace Accidents, Public Spaces Accidents, Premises Liability, Wrongful Arrest and Detention, Dog Bite or Animal Attack Claims, Product Liability Claims, Police Assault Claims
Product Liability:
Under South African law, manufacturers, retailers, distributors, and suppliers can be held liable for damages caused by defective or hazardous products.
The Consumer Protection Act (CPA) of 2008 was introduced to protect South African consumers from defective goods, whether locally produced or imported. This Act provides clear remedies for those affected by dangerous products and removes the requirement for consumers to prove fault or negligence. The entire supply chain must ensure product safety.
Under section 61 of the CPA, you can claim against suppliers and manufacturers for damages or injuries resulting from using or consuming their goods, even if there was no negligence. Types of harm include death or illness, injury to a person, damage to property, economic loss resulting from these harms.
The CPA’s strict liability provision covers claims related to contaminated food. Suppliers are liable for any harm caused by unsafe goods, product defects, hazards, or inadequate instructions, irrespective of negligence.
If you were poisoned and want to make a claim for food poisoning in South Africa, you should gather evidence by collecting substantial evidence to support your claim this, will include blood test results showing the poisoning, proof of purchased food and witness statements from others who may have seen you consume the food or were also affected, test results of any leftover food and hospital or doctor’s records.
Animal Attacks:
When someone personally causes harm to you, you have legal recourse against them by virtue of their responsibility for inflicting harm. But what happens when an owner’s object or possession harms you? Specifically, what is your recourse if an animal hurts you?
The owner would be liable if their dog bites and causes harm to another person, provided that the person is legally permitted to be present at the location of the incident. The claim would be instituted using an action referred to as the action de pauperie. The ownership of the vests in the person against whom proceedings are instituted. To succeed the complainant must prove the dog is a domesticated animal and acted outside of the nature of domesticated animals, particularly dogs. Lastly the conduct of the dog caused harm to the person claiming.
The owner must exercise due diligence and take precautionary measures to ensure that the animal is kept in a secure area. It is vital to keep a dog on a leash in public to avoid liability for the owner due to the dog’s actions. An additional requirement is that the person who has suffered an assault by the dog must have been lawfully at the place where the attack occurred.
At the heart of legal proceedings is the Latin phrase “de minimis non curat lex,” which states that the law is not concerned with trivialities. It would be worthwhile for a party who wishes to bring legal action to assess the nature and extent of the harm suffered. If a party suffered no substantial injuries, it might not be prudent to take action. Remember any person who provokes the animal will fail in seeking recourse against its owner where damages have been sustained.
A person can sue for both special damages and general damages as a result of the attack. Special damages include past and future medical expenses, damage to property, and past and future loss of income. General damages include pain and suffering, loss of amenities of life, disability, and disfigurement.
Slip and Fall Injury: A slip and fall injury occurs when someone slips, trips, or falls due to hazardous conditions, such as wet floors, uneven surfaces, or obstacles. These incidents can result in various injuries, ranging from minor bruises to severe fractures.
Liability in Slip and Fall Cases: In Public Areas local municipalities and government entities are responsible for injuries in public areas. In Private Properties business and property owners have a “duty of care” to ensure the safety of their premises. They can be held liable if they fail to address potential hazards.
Most property and business owners have liability insurance to cover compensation for injured parties and legal costs due to negligence. Property owners must take reasonable steps to ensure public safety, including warning of potential dangers. Failure to do so may result in a valid claim against them.
Important factors when evaluating a claim is reasonable foreseeability and preventive measures. Also the injured party must prove they were less negligent than the property owner.
What to do when an injury happens? Obtain proper treatment and keep medical records. Collect evidence like photographs, note the location and cause, and collect witness statements, and medical records. Report the Incident and inform the property management.
The Claims Process
The process of claiming personal injury compensation involves several steps:
How We Can Assist You
At A de Bruyn Attorneys, we understand the complexities and emotional toll of personal injury cases. Our team is committed to providing skilled and compassionate legal representation. Here’s how we can assist you:
Contact Us
If you or a loved one has suffered a personal injury, don’t hesitate to reach out to us. We are fast, efficient, and dedicated to getting you the justice and compensation you deserve.