Legal Question in Civil Litigation in South Africa

Hi

Please could you advise if I can be held responsible for the following scenario.

Letter from complainant:

I need to bring the following incident under your attention, as it was due to the negligence of your tent supplier, my car got damaged.

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On Monday 11 November 2013, in the afternoon at about 16h30 I was leaving Car park As I drove out of the parking space infront of the ticket office, my car hit the concrete dustbin left in the middle of the parking lot, by your tent supplier (photos attached). Sitting in my car the concrete dustbin is not visible.

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We know that the dustbin is used to anchor part of the tent that your slowmarket uses every first Saturday of every month. They drag it from its position under the tree to the middle of the parking area to anchor the tent. After they removed the tent, they left the concrete dustbin right there, not returning it to its save position.

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Due to your supplier�s negligence� I have almost R10�000.00 damage to the front of my car (quotation attached).

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I would appreciate the following:

1.������ Your tent supplier is made aware and take responsibility for their negligence.

2.������ That you or your supplier cover my insurance excess payment of R2000.00 to repair the damage to my car."

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Please advise? Gail


Asked on 11/13/13, 1:15 pm

1 Answer from Attorneys
Sam Jackson

There appears to be some background information to this matter that, such as the nature of your business and the location of your premises, etc, that I am not privy to. However, from the information provided it appears that this is not a claim based on product liability, in which case both you and your supplier would have been jointly and severally liable.

Instead this case appears to simply be one where a person who happens to be associated with you, was negligent in leaving the concrete dustbin out in the open in a public parking lot. Unless you and/or or any of your employees were involved in the actual setting up of the display, you are not liable for the damages suffered by the owner of the vehicle.

You have a choice of responses. Either, you can ignore it, or you can assist by referring this person to your tent supplier to pursue their claim there. If you choose the latter option, just make it clear that you are doing so without accepting any liability for the damages.

If the writer of the letter does decide to pursue a civil claim agains you, it would be advisable to instruct an attorney to represent you. In this regard, you could contact my associate, Gys Niesing, at 084 593 2341.

Best of luck,

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Answered on 11/13/13, 7:57 pm


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