Cape Town – A UK tourist is seeking damages from the owners of a game reserve, claiming their negligence resulted in him falling from a balcony and leaving him with brain injuries. He is confined to a wheelchair.
The tourist, Charles Albert George Dracup who lives in the UK and was born in 1960, is being represented by Tzvi Brivik, director of Cape Town law firm Malcolm Lyons and Brivik Inc.
Brivik said according to court papers the incident occurred on December 26, 2019, while Dracup was on holiday at Kololo Game Reserve on Doornfontein Farm, Vaalwater Road, Limpopo. Dracup fell from his room’s balcony.
“On 26 December, 2019, Charles Dracup, a UK national, arrived at the Kololo Game Reserve with his family, a party of six adults and one child.
“They were booked for three nights in one of the reserve’s Deluxe Sleeper Villa Kings’ units,” said Brivik in their report.
“It was agreed that Mr Dracup and his wife would sleep in the room above the garage.
“I am instructed that on the night of the December, 26, Mr Dracup went to bed at approximately 10pm, but woke in the early hours of December 27, 2019, exited his room, stepped out onto the balcony of the unit and fell over the balustrade. He was severely injured in the fall.”
Brivik added that Dracup alleged that the owners were negligent and placed their guests at risk and that his wife now had to care for him after he was left with injuries.
“In and as a result of the said incident, the plaintiff sustained a severe brain injury,” he said.
Brivik added he was now fully dependent on his wife’s care. Dracup is unable to perform the basic necessary human functions. He suffers from incontinence and requires diapers.
“Dracup’s cognitive understanding has also been affected. The couple were dependent on the NHS in the UK but it was removed last year and his wife is unable to afford carers and is doing it alone.”
Brivik said their client was adamant that the balcony railing was not secure and that the premises had not been correctly maintained. He is therefore seeking £3.105 million (R72.3m) and R1.2m in damages and for the cost of the suit, respectively.
The game reserve, owned by YTJ Beheer BV South Africa, Brauche Office INC in the Netherlands, said in responding papers that it was reliant on laws in their own country but they traded under the title of the said game reserve.
It admitted that on the day of the incident, Dracup was found to have been injured but that they were unaware of how it happened.
“The defendants bear no knowledge of the manner in which the said Dracup came to be injured and cannot admit any of the plaintiff’s allegations in that regard.”
They further requested proof of his claims that he had fallen from the balcony and stated that if the court found that the incident had occurred in the manner described, in Dracup suffering injury to his body, they cannot be held liable.
They said on the date of arrival at the premises, Dracup had signed a disclaimer and indemnity form which protects them and that he was bound by its content. The content of these forms were also included in their responding documents.
They further claimed it could have been a case where Dracup had leant against the balcony in a “reckless, negligent or unsafe manner”, or that he had tried to mount it or moved too close to it.
They also stated that he could have been under the influence of alcohol or that he was performing some or other activity.
“It is admitted that the plaintiff has demanded payment, but the defendant denies liability to pay,” they said.
Brivik added via the court documents that Dracup had been transported via ambulance to Milpark hospital in Johannesburg where he was treated for various injuries which included multiple fractures from C3 to C7 (vertebrae) and was later repatriated to the UK.
Brivik explained that the court had been requested to set this matter down for hearing.
“The delays in doing so. however, is placing the client and his family under extreme financial strain as they need to care for his daily needs,” he told Weekend Argus.
“We would expect that especially in the hospitality industry, building would take place in accordance with building regulations to protect the public and the guests from precisely such an event .
“And where such a failure to comply with the law can be shown, as alleged by our client, the courts hold the owners accountable.”
Via their Appraisal report which includes an architect, a report was submitted which indicates that the balustrade is 790mm high.
He said the measurement taken (790 mm) corresponds with the measurement taken by the Dracup family and supplied to him as part of the briefing (790 mm).