Consumers may make claims on insurance
Businesses that have suffered major losses as a result of load shedding should
not rule out damages claims against Eskom, an attorney has said.
Hangvlieg: Verlamde Vra Beheer
Vrou eis meer as R20.m en regulasies
‘n Britse vrou wat in ‘n hangvliegongeluk in Hermanus verlam is, veg in die appelhof om die wet verander te kry “sodat daar nie meer slagoffers van ongereguleerde avontuur sport sal wees nie”.
South African prosecutors failed to prove that British businessmen Shrien Dewani had a hand in the murder of his Swedish wife, Annia , but there are some prospects for this being done in a civil action in the UK , according to several local legal experts.
Sterf Tragies Na Sy Metrorail – Saak Wen
Tuesday 14 Oktober 2014
Presies “n week nadat Caroline Hendricks gehoor het sy het haar saak teen Metrorail vir die Faure – ongeluk gewen, is sy tragies oorlede.
Almost eight years after a train crash near Faure in which 19 farm workers were killed, two survivors have won a test case in their bid for damages.
Their victory comes on appeal after the case was dismissed by the Western Cape High Court in July last year.
Two doctors have been found liable for damages in a civil case that was lodged by a city woman who suffered a stroke.
The Plaintiff in the matter, Loretta Mini, first showed symptoms of a stroke on April 17, 2007, but was not admitted to a hospital until three days later.
GERMAN company TUV Rheinland is to appeal a French court’s finding that it is liable for damages suffered by women who have had the Poly Implant Prosthesis (Pip)breast implants that it had certified as safe.
Court ruling includes South Africa
South African women who were fitted with the controversial Poly Implant Prosthesis (PIP) breast implants that fuelled worldwide panic in 2011 because of Their high rupture rate, have eight months to lodge claims- even if they’ve had no problems
The surviving twin was later diagnosed with quadriplegia due to cerebral palsy
The case of a mother who is suing over alleged negligent treatment during her pregnancy and the birth of her twins – one died and the other was left disabled – is to be heard in the Western Cape High Court in the coming weeks.
Three companies involved in a film production this year are being sued for R 4.75 million in damages in the Western Cape High Court by a rigger who was shocked on set while trying to assemble a metal frame for photographic equipment.
Quevin Diakazebi, originally of Brazzaville in the Republic of Congo, claims in court papers that, as a result of his injuries, he suffers from seizures, blackouts, vertigo, headaches and short term memory difficulties.
Test should have been routine, says Judge
The Western Cape High Court has ruled that Health MEC Theuns Botha is liable for the damages of a Paarl boy, after finding that two medical facilities under his control failed to properly diagnose tuberculosis of the elbow- a rare condition that left him partially disabled.
I don’t know how long we were in there … When I heard that voice it was like a sound out of heaven
The skipper and owners of the tourist boat Miroshga, which capsized in Hout Bay last year leading to the deaths of two people, have been charged with two counts of culpable homicide, police have said.
Onwettigsonderlisensie Kaapstad-Adrenaliensoekersmoetversigtigweeswanneerhullebeplanomsaam met ‘n tandem – valskermwewer van ‘n berg afte spring.
Leila Samodien– Leila.email@example.com
What started off as a “bit of a walk on the wild side” ended in a paragliding crash paraplegia and a court battle for a British tourist, who has now won the right to damages.
A holiday in Cape Town led Diane Bewick 44 of Middlesborough to Hermanus on April 12, 2004 for tandem paragliding.
“Commercial Pilot’s Licence Required”
Cape Town’s lucrative extreme sports industry has been thrown into confusion, after a
Western Cape High Court judge declared on Friday that tandem paragliding “for commercial
gain” is unlawful, unless a commercial pilot’s licence is obtained.
A Canadian teen got a little too close for comfort to a lion she was helping care for in a Limpopo rehabilitation facility, when the beast tried to drag her into its cage by her legs.
Lauren Fagen, 18, was volunteering at the Moholoholo Wildlife Rehabilitation Centre when she leaned in to kiss the beast’s fur.
Fatima Schroeder Fabian Wyllie wants to know why Fabian Wyllie says he lives in fear, mostly of police officials, after he was allegedly beaten for several hours at the Delft police station three years ago.
Noelene Barbeau The South African Jewish Board of Deputies has filed a hate speech complaint in the Equality Court against Snowy Smith, the Durban man they accuse of bombarding their members with e-mails, CDs and DVDs referring to “Zionist Jews” as the enemy and orchestrators of wars.
Fatima Schroeder Man claims he has been unable to continue in his canine business He should have watched where he was going. This is one of the defences the City of Cape Town has raised in a R1.8 million damages action lodged by a well-known professional dog-walker who fell through a broken stormwater drain cover.
She was three years old when the Valiant she had been travelling in collided with a Toyota in Khayelitsha on January 30, 1988, rendering her wheelchair-bound for the rest of her life.
Her mother sued the vehicle insurers for damages and the claim was settled at a time when she was a minor.
‘n Stellenbosse vrou en haar dogters gaan bykans $1.45 miljoen (meer as R13 miljoen) van Afriqiyah Airways kry nadat hul gesin se primere broodwinner dood is toe ‘n vliegtuig van Jahannesburg in Tripoli, Libie, neergestort het. Ilse Matthee (46) het a skikkingsooreenkoms met die lugdiens van $1 448 204 bereik en sal alle eise in verband met die ongeluk laat vaar.
In Brief Cape Town lawyer Tzvi Brivik was elected as South Africa’s representative to the board of governors of the Pan European Organisation of Personal Injury Lawyers (PEOPIL) at an annual conference held in Valencia, Spain, last month.
Hardware giant Builders’ Warehouse is being challenged under the new Consumer Protection Act.
Two Consumer Protection Act test cases lodged against a hardware giant could keep South African retailers on their toes over the stock , and open the floodgates for similar lawsuits.
Johannesburg attorney, Malcolm Lyons, who was elected to the board of governors of the Association of Trial Lawyers of American, shared honours with now famous Erin Brokovich.
When a senior compliance officer reported irregularities involving an operations director at Standard Bank stock brokerage Andisa Securities, the career of the accused man apparently suffered no setbacks.
Ruling boosts US tourist’s legal right Helen Bamford AN AMERICAN woman’s battle to claim damages from a tour operator after being seriously injured in an accident in one of their vehicles has been given a boost by the Supreme Court of Appeal.
Donderdag, 26 September 2013
Bedryf Moet Opdok Nasweefongeluk
Kaapstad-Adrenaliensoekersmoetversigtigweeswanneerhullebeplanomsaam met ‘n tandem – valskermwewer van ‘n berg afte spring.
Since the end of apartheid, forming a biracial organisation has been difficult in South Africa. Yet such a group of 30-40 personal injury lawyers has developed to network and exchange information. In January, several members of ATLA and I went to South Africa to present two seminars and urge attendees to join the new South African Association of Personal Injury Attorneys.
Malcolm Lyons and Tzvi Brivik
It has become commonplace for service providers to attempt to shield themselves from legal actions for damages by consumers caused by the providers’ own reckless, negligent, wilful or malicious conduct. To achieve this, the consumer is required to sign a contract which contains a waiver or indemnity clause exempting the provider from liability
Tzvi Brivik is a specialist attorney who specialises in personal injury and Labour Law. He is a senior partner at Malcolm Lyons and Brivik inc, a Cape Town Law firm. Brivik deals with patients who have been victims of medical malpractice or negligent acts
Philip de Bruin Eskom moet 50% van die skade opdok wat ’n private elektri¬siën opgedoen het toe hy in die gevaarlikste vertrek in enige Eskom-substasie ingestap het en erg geskok is deur kragdrade. Dié vertrek – in omgangstaal bekend as ’n live chamber –van ’n substasie in Vanderbijlpark moes, volgens Eskom se eie regulasies, permanent gesluit gewees het en net onder toesig van ’n Eskom-werker binnegegaan word.
It was with sadness that Mlamu Author Siyatha received the details of how his pregnant wife and child died due to what he claim was gross negligent. A lone figure In the Western Cape High Court yesterday, Siyathe is suing Health MEC Theuns Botha for R1.5 million in damages.
During the fifth month of her pregnancy, Nomglobo Elvina Siyatha atarted to experience abdominal pain and arrived at the Michael Mapongwana Clinia in Site B, Khayelitsha, to seek help. It was 9am on January 30, 2005.
Man sues over pregnant wife’s death
Before 9am on January 30, 2005, a pregnant Nomglobo Elvina arrived at the obstetrics unit of the Site B Clinic in Khayelitsha with abdominal pain. She told her neighbor, Nondomisa Jida, that she thought she was going to die.
A woman who spent three hours waiting for medical assistance from staff at the Site B clinic in Khayelitsha should have been transferred to a tertiary institution for emergency treatment, a medical expert has told the Western Cape High Court. Gavin Rosemann, a specialist obstetrician, was testifying yesterday in a R1.5 million damages claim Nomglobo Siyatha’s husband and eldest daughter brought against Western Cape Health MEC Theuns Botha.
Sister grilled in pregnancy death suit
Punching holes in the defense’s case in the Cape High Court yesterday, questions were raised about how nurses at the obstetrics unit at Site B Clinic in Khayelitsha could fail to notice that a woman died of severe bleeding was pregnant.
Thousands of litigants are being prejudiced by the Cape High Courts backlog of civil cases, say lawyer who are concerned that their clients would have to wait several years to have their day in court. There are 3018 civil matters which have not yet been allocated trail dates – and the next available date is in 2012. Matters receive up until August last year have been allocated trail dates.
It’s a miracle that 52 year old Pearl Jason is alive today, a medical expert says. But Jason lived to tell her tale and has instituted a, R1.95million Western Cape High Court action against the Minister of Defence after complications from a minor surgical procedure left her fighting for her life in the intensive unit of Wynberg’s 2 Military Hospital for a month.
A kidney transplant patient plans to sue Groote Shcuur Hospital for negligence after her kidney failed when a critical medicine was allegedly withdrawn from her prescription. Cynthia Nkenkqa, 45, received her third kidney transplant 10 years ago. She was doing well until August, when her body rejected the kidney.
A 57 year old Plumstead woman is suing two general practitioners for R922 000 in the Western Cape High Court, claiming they failed to refer her for specialist care when she consulted them about a weakness on the right side of her body.
Henri Du Plessis – Staff Writer Three friends who miraculously survived when the helicopter they were in plummeted 23 floors after crashing into the World Trade Centre in Sao Paolo have arrived in Cape Town. “God was with us in our helicopter. There was no chaos – it was so peaceful in the helicopter.”
MEC AND GROOTE SCHUUR TARGETED IN LAWSUIT AFTER ONE BABY IS STILLBORN AND TWIN IS PARALYSED A Hout Bay woman is suing the Western Cape Health MEC for R14.9 million after complications during child birth at Groote Shcuur Hospital left one of her twins dead and the other paralyzed for life.
Man disabled by train accident to be damages
Metrorail and South Africa’s rail agency are to pay a Lentegeur man 30 percent of a damages claim he instituted against them after he was left wheelchair-bound when he was knocked over by a train while trying to cross a railway line in his neighborhood six years ago
Train victim victorious over Metrorail Accident Seven years ago Ismail van der Merwe left his New Lentegeur home to buy medication for a toothache, not knowing that his life would change radically and forever. Tall, lean and healthy, the 31-year-old had his whole life ahead of him. He was chatting animatedly to a friend and decided to take a short-cut over the railway tracks.
Devil is in the detail in R4mil lawsuit Telling in what direction the suspect ran, or around that vehicle, seemed to be problem for a police witness in the Pretoria High Court yesterday. KwaMhlanga police constable Klaas Makgwalwa gave several different versions, resulting in counsel Salie Joubert giving him a piece to draw the directions.
Gran battles Pick ‘n Pay for damages Elizabeth Van Niekerk is not your average 81-year-old. She drives a silver sport coupe, loves diamonds and wears impeccably applied make-up to complement her flaming red hair
Supermarket must pay woman. 81, hurt in fall An woman of 81 injured in a fall in a Melkbosstrand supermarket is entitled to claim damages from Pick n Pay, the Western Cape High Courts has found. Elizabeth Van Niekerk injured her back and her hip in the fall which was said occurred when her sandal,
Fatima Schroeder A FORMER police reservist is suing the minister for safety and security and fellow reservist Eugene Klein for R1.7 million in damages, alleging that Klein negligently shot him while under the minister’s command and supervision.
A 63-YEAR OLD Athlone factory supervisor is suing a Claremont surgeon and Western Cape Health MEC Pierre Uys for R630 000 for operating on the wrong side of his body.
Julian Jansen ‘n Fabrieksvoorman van Bridgetown en pa van agt kinders eis honderdduisende rande nadat ‘n dokter wat ‘n breuk moes herstel, hom glo aan die verkeerdekant van sy maag geopereer het. Hy is aan sy gesonde regterkant gesny pleks van aan die linkerkant, beweer mnr. Mohammed Noor Ebrahim (63).
Three women who fell down a malfunctioning escalator at the Eastgate shopping mall plan to challenge the “use at own risk” sign put up next to escalators in what could be precedent-setting case at the Johannesburg High Court.
Bitter court battle tears family apart
Shanthini Naidoo A BITTER court battle, in which a British Woman is suing her South African aunt for R6-million, has split a once close-knit family. In 2001, Emma White’s parents gave her a holiday to South Africa as a present for her 21st birthday.
Insurance: relying on indemnity clause ‘bad in law’
An American woman’s battle to claim damages from a tour operator after being seriously injured in an accident in one of their vehicles has been given a boost by the Supreme Court of Appeal.
Fatima Schroeder Two men are suing a Green Point homeowner for R1,83 million in the Cape High Court after they were seriously hurt when a balcony collapsed while they were standing on it in April last year.
Ethel Hazelhurst Johannesburg – Malcolm Lyons, a Cape Town attorney who specializes in personal injury claims, has laid a complaint against Imperial Car Hire with the consumer affairs committee at the department of trade and industry (dti).
Fatima Schroeder Eskom has agreed to pay a 22-year-old Blue Downs man R2.8 million in damages for serious injuries he sustained when climbing an electricity pylon in 1994, when he was aged 11.
Mzolisi Witbooi, Staff Reporter Two former security guards hit by a train while on duty are suing Metrorail for more than R1 million each. In papers before the Cape High Court, Sijonjile Ncaza, 29, of Khayelitsha, and Siyavuma Njaleka, 30, of Delft, argue Metrorail was liable for the accident
Hardship for family after train hits man Wife who can’t work hoping for R7m payout A KHAYELITSHA woman has told the Western Cape High Court of the hardship she and her family had endured since her husband, a former security guard contracted to Metrorail, was left brain damage after being struck by a train nine years ago.
Metrorail and Train driver negligent in security guard accident case A Cape High Court judge has found Metrorail and train driver Johannes Human liable for damages suffered by two security guards who were seriously injured when struck by a train while patrolling the railway lines between Cape Town and Woodstock in February 2002.
The Supreme Court of Appeal has paved the way for millions of rand’s in damages to be awarded to two security guards contracted by Metrorail.
Fatima Schroeder A 29-YEAR-OLD environmental biologist is suing the TransZambezi Express bus company and one of its drivers in the Cape High Court after she lost her leg as a result of a collision four years ago. Eight people were killed in the accident and several injured.
Ethel Hazelhurst Johannesburg – The reasonable man, or woman, is entitled to assume, when signing a car hire contract, that it does not contain a clause exempting the provider of the car from responsibility, should it prove defective.
Leeann Raymond Police say a complaint of reckless and negligent driving has been filed by international cyclist Danilo Hondo against a motorist he alleges drove into him deliberately in Somerset West on Monday.
Murray Williams – Staff Writer firstname.lastname@example.org A top European cyclist, training in the Cape for the Tour de France , was injured when struck by a car in an apparent road rage incident in Somerset West.
Leeann Raymond DANILO HONDO, T- Mobile training partner of international cyclist and 1997 Tour de France winner Jan Ullrich, was injured yesterday when a car struck his bike in an apparent road rage incident in Somerset West.
Heather Brenner Former Sappi worker says car’s tyres led to crash that left him with brain damage People living in Gill Road, Table View, allege that a Table View policeman was reluctant to arrest a woman they say caused an accident on Sunday June 6 about 5.40pm while driving under the influence of alcohol.
Heather Brenner The son of the woman arrested and charged with drunken driving (“Furore over cop’s apparent reluctance to arrest drunk driver”, June 17) has come forward and wants to tell his side of the story.
Agt sekondes het die verskil gemaak tussen lewe en dood in die Faure treinongeluk in 2006.
Regter Steven Majiedt het in die Bloemfonteinse appélhof bevind as die trein op 13 November 2006 teen 40km/h gery het, sou dit betyds kon stop om die botsing met ‘n lorrie vol plaaswerkers te vermy.
City Lawyer in Crusade over Firms’ Liability Protection Always losers: waivers weighted heavily against consumers A Cape Town lawyer has launched a crusade against firms which make consumers sign contracts absolving the companies of legal responsibility if something goes wrong.
Penny Sukhraj An Active athlete who was crippled in an accident has won his fight against a car rental company in a landmark case which makes rental companies liable for damages if they lease out unsafe vehicles.
26 October 1999 Taryn Lamberti
Former Sappi worker says car’s tyres led to crash that left him with brain damage
A former accountant for paper conglomerate Sappi is suing Avis for R3.5 m after he suffered permanent brain damage from an accident he claims resulted from the car rental firm’s negligence.
4 to 10 February 2000 Donna Block And Evidence Wa Ka Ngobeni Seeking compensation: Roelf de Waal will need medical treatment for the rest of his life. He is claiming R3,5million from car rental company Avis.
Avis in Court Battle 29 October 1999 Ann Eveleth and Aaron Nicodemus Roelf de Waal lived his life to the full, revelling in daredevil sports such as hang- gliding and flying, and keeping active as a competitive cyclist, horse- riding teacher and falconer.
+27(0) 011 268 6697
Cape Town Office
+27(0) 21 425-5570
Tzvi Brivik of Malcolm Lyons & Brivik Inc.,
Specialist Attorneys in Personal Injury and
Labour Law in lead story securing the rights
of a whistleblower.