Premises-liability claims (slip-and-fall, negligent security, swimming pool accidents, dog bites) are pursued in delict - proving the occupier had a legal duty, breached it, and that the breach caused the harm. The test is what a reasonable occupier would have done in the circumstances. Shopping centres, hotels, and restaurants have a high duty of care to customers. Public authorities (municipalities) have special notice requirements.
When to hire a slip & fall / premises liability attorney
- You were injured on someone else's premises (fall, dog bite, attack).
- Poor maintenance or inadequate security caused your harm.
- A municipal hazard (pothole, uncovered manhole) injured you.
- You need to issue Section 3 notice before suing a municipality.
- An occupier denies liability and you want to escalate.
What to expect
Your attorney preserves evidence (photos, CCTV, witness statements), obtains incident reports, engages experts if needed (engineers, security consultants), and quantifies damages. Most matters settle at summons stage once liability is clear. Section 3 notice must be given within 6 months of the cause of action where the defendant is an organ of state.
Typical fees
Contingency arrangements are common - 25% of the award + disbursements. Municipal matters can require expert reports costing R30,000-R150,000.
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