Delict
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tinny19
Factual Scenario

An elderly lady, lives in Randburg. She was walking along the pavement of a street towards her home. There were two holes in the tarred pavement which had been there for at least seven months. They were approximately fifteen centimeters in diameter and about ten centimeters deep. She stepped into one of the holes, stumbled, and fell. She had been aware of the existence of the holes but “must have been thinking about whether she forgot to switch of her oven at home” when she stepped into them. In addition, she is near-sited and was suppose to be wearing her glasses at the time of the incident.

She sustained injuries and her medical expenses amounted to R30,000. In addition to this, she could not go to work and had to take unpaid sick leave for three weeks. Within a few days of the incident Municipality of Randburg repaired the holes in the pavemennt.

How can i advise the elderly lady on the possibility of success of a delictual claim and the remedies available to her.
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replied to:  tinny19
Thainagy1
Replied to:  Factual Scenario An elderly lady, lives in Randburg. She was...
From my own legal opinion i have. I do not think there will be a prospect succeess on the claim.This is due to the fact that the lady knew that the was two holes on the pavement therefore it is due to her negligence of falling to notice the existence of the the tow hole which she knew all along for seven months.The harm was forseeable,It can then be futher argued that the lady made a contributory negligence and her conduct will be omission by failling to take reasonable action to prevent the possibility of harm. Moreover the fact that she left her glasses at home is also a mitigating factor of her gross negligence.
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