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GrandWest liable for damages suffered by electrocuted girl

Zelda Venter|Published

The Western Cape High Court held GrandWest Casino liable for the damages caused to a child when they stepped on an electrical wire on the premises.

Image: FILE

A CAPE TOWN father has won the first round of a David and Goliath-like battle after the Western Cape High Court found SunWest International, trading as GrandWest Casino, liable for the damages suffered by a child who was electrocuted by a live wire.

The father of the child, who is not identified as his daughter is a minor, turned to the Western Cape High Court to claim damages from the casino after the then four-year-old was injured during the January 2020 incident.

The father testified that the incident occurred during the festive season and the food court at GrandWest was bustling with foot traffic and children. The child had been clinging to the metal rail at the kiddie ice-skating rink while watching other children when the incident occurred.

His child was standing next to him at the kiddies ice-skating rink, holding on to a steel pole when she suddenly cried out loud.

He looked at his child and could see her visibly trembling.

He then pulled her towards him while she was screaming and at the same time showing him her hand.

He took a moment to survey the surroundings and noticed an exposed electrical wire lying on the floor. A red mark was visible on his child's hand. He then concluded that his child had been electrocuted.

The floor manager of GrandWest Casino arrived on the scene and asked him what had transpired.

The security wanted to switch off the main electricity plug point, which was a few meters away from where the ice-skating rink was stationed, but was prevented from doing so as they first needed to do an incident report.

A security guard testified that he saw the father cradling his weeping child in his arms. He then noticed a white electrical cable with one connector block. He also noticed a red live wire, which was not insulated, protruding outside of the connector block.

The court said that considering the nature of the casino’s business and the public's expectation for safety at the premises, and the lack of any explanation regarding whether it was safe after a Christmas tree was removed, it is clear that the defendant was grossly negligent.

Had the electrical and maintenance department conducted a thorough inspection and secured the area after the Christmas tree had been removed, not only would the live wire have been seen and removed, but the child would also not have been electrocuted, the court said.

The issue of how much damages the defendant must pay was meanwhile postponed indefinitely.

Cape Times