Property owner’s responsibility to patrons vs factual causality in the case of personal injury

In the matter of The Memorable Order of Tin Hats v Kenneth Paul Els, judgment was recently handed down by the Supreme Court of Appeal in our client’s favour.

The Memorable Order of Tin Hats (our client) appealed the decisions of both the Full Court of the Gauteng Local Division as well as the Court a quo. The SCA upheld our client’s appeal holding that the Respondent had failed to prove factual causation. 

The Respondent a visitor at the Appellant’s social club fell whilst assisting a wheelchair bound individual up 2 stairs when he slipped/tripped. He fell backwards and the wheelchair and it’s occupant landed on the Respondent. The Respondent argued that the Appellant was negligent in that it failed to provide a handrail on both sides of the stairs and further failed to install a ramp. The SCA held that for the purpose of the judgment it was prepared to accept that the Appellant’s conduct was negligent and wrongful. The enquiry did not end there as the Respondent failed to prove that, but for the negligence of the Appellant he would not have fallen. Stated differently the Respondent failed to prove factual causation. It should be noted that causation is often overlooked in these matters.