Parents to sue for millions over child’s guesthouse pool injuries

29 August 2016 - 09:57 By Dave Chambers

The parents of a toddler who was suffered injuries after falling into a domestic swimming pool have been given the go-ahead to fight for tens of millions of rand in damages. The two-and-a-half-year-old girl was found in the pool while a “cell” of Christian women were having tea after a two-hour prayer meeting at the Constantia house‚ the Cape Town High Court was told.Judge Michael Donen ruled last week that the owners of the home‚ also a four-star guesthouse‚ should bear two-thirds of the liability for the accident‚ because they had been negligent in leaving the gates to the pool open.He said the mother‚ who was moving her daughter’s car seat from one vehicle to another when the accident happened‚ should bear the rest of the blame for her failure to monitor her child.Another hearing will be required to settle the amount of damages payable.The parents of the girl‚ who is now 14‚ have claimed almost R63-million. None of the parties in the case can be named.In his judgment‚ Judge Donen said the hostess of the prayer meeting had been unable to testify in the case because‚ since the pool tragedy‚ which happened in 2004‚ she had sustained severe brain damage in a fall down the stairs at the same house. ..

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