Protecting RAF Payouts: Why the High Court Appoints a Curator Bonis After a Severe Brain Injury
A motor vehicle accident resulting in a traumatic brain injury (TBI) alters the trajectory of a victim’s life in an instant. Beyond the immediate physical trauma, TBIs frequently impair executive functioning, memory, emotional control, and financial literacy. When severe motor vehicle accidents result in claims against the Road Accident Fund (RAF), successful settlements or court […]
CAN I BE FAIRLY DISMISSED FOR ILL HEALTH OR INJURY?
The Code of Good Practice: Dismissal is governed by Schedule 8 of the Labour Relations Act. The Act recognises 3 (three) grounds on which termination of employment might be justified. These are the conduct of the employee, the capacity of the employee and operational requirements of the business. It is the capacity, more specifically the […]
CAN I SUE A SHOPPING CENTRE IF I SLIP AND FALL?
By law, owners of businesses or property are required to take reasonable steps to ensure the safety of the general public. At minimum, owners or managers are required to warn the public of any potential dangers they have caused, are aware of or believe could occur. So if a shopping centre has not met these […]
COMPENSATION FOR A FATAL HOLIDAY RESORT ACCIDENT
Emily and Nathan were a happily married couple in their early thirties with two minor children. Emily was a stay at home mom and Nathan was the breadwinner of the family. The family decided to take a vacation in Sun City, which ended tragically when Nathan was fatally injured on a Valley of the Waves […]
MY DOG JUST ATTACKED SOMEONE
Due to circumstances beyond your control your dog bites someone. There is blood, an injury, and a shocked and angry victim. Luckily it is a small wound, but before you can mouth an apology, the traumatised person storms off with the words: “You’ll pay for this; see you in court!” Are you liable for the […]
WHAT TO DO AFTER A CAR ACCIDENT?
If a driver of a vehicle, at the time when the vehicle is involved in or contributes to any accident in which any person is killed or injured or suffers damage in respect of any property, including a vehicle, or animal, must report the accident to a police or traffic officer at the scene of […]
SLAAG REGVERDIG MET NOODWEER
OPSOMMING Noodweer – ‘n regverdigbare manier om ‘n onregmatige aanval af te weer. Hierdie artikel sal die vereistes bespreek waaraan voldoen moet word om met die regverdigingsgrond van noodweer te slaag. ARTIKEL In Suid-Afrika is gewelddadige misdaad ‘n groot bekommernis. Kan ons iets doen om dit te stop? In ons reg is ons geregtig om […]
SPORTBESERINGS: WIE IS AANSPREEKLIK?
Kontak sporte gee dikwels daartoe aanleiding dat die spelers daarvan ernstig beseer word. Kan iemand aanspreeklik gehou word vir hierdie beserings, of neem jy, as deelnemer, inherent die risiko wanneer jy aan hierdie sportsoorte deelneem. Die regspraak het egter belangrike beginsels is vasgestel met verwysing na die bogenoemde kwessie. Eerstens is dit belangrik om deeglik […]