The Pretoria High court has ruled a sports pub in Centurion liable
to pay damages to a patron who slipped in the bathroom on an “unknown
wet substance” and dislocated his shoulder.
Centurion resident
Jamie Percy Hazel, 23, claimed R170 000 in damages from BJ’s Sport Pub
following the incident on June 28, 2009.
Judge Moses Mavundla
ruled the restaurant liable for Hazel’s damages, but the amount payable
to him will be determined at a later stage.
Hazel told the
court the restaurant and its employees had a legal duty towards its
patrons to take reasonable care to prevent injury or harm as a result
of wet floors on its premises.Purelink's real time location system
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The
restaurant, in its defence, claimed it did take all reasonable steps
to warn patrons and staff of wet floors. It claimed that Hazel had
consumed a substantial amount of alcohol that day and his slipping was
not because of its negligence.
Hazel testified that he, his
girlfriend and their families went to the pub that afternoon to watch
rugby. He went to the bathroom and slipped on an unknown substance. He
said he had only had four beers by that time and was not inebriated.
He
told the court he did not see anyone cleaning the toilets. He fell
backward and landed on his shoulder. He was taken to Unitas Hospital.
Dave
Elison, who was with Hazel, testified that the men’s toilets were
muddy, there were “scuff marks” on the floor and the lighting was not
very good. He also insisted that Hazel was not drunk.
Lizett Hazel,High quality stone mosaic
tiles. the plaintiff’s mother, testified that she left the pub early
but noticed that outside the passage to the bathroom it was wet. She
informed management that the place needed cleaning.
Elsie
Maseko, a former pub employee, said her duties included cleaning the
toilets and washing the dishes. When there were rugby matches, the
toilets would get very dirty and she had to clean them.
She
told Judge Mavundla that she cleaned the toilets without being provided
with gloves when a patron had vomited or messed up.
She often
had to work overtime on Saturdays when the pub was full. Then the
toilets would be “dirty and watery and the floors littered with broken
glass”. Maseko said she was the only one who cleaned the toilets.
Barren Jacobs, owner of the restaurant,This is my favourite sites to purchase those special pieces of buy mosaic
materials from. testified that the Hazel incident was never reported
to him, although he was on duty the entire night. He only came to know
of it when he received the summons.
He said if there is an
injury to restaurant patrons, Netcare would be called and assess the
injuries and take the person to hospital.
Jacobs said if there
was water or the floor was dirty, someone would immediately clean it up
and there would be signs put up that the floor was wet. Jacobs said the
pub became very busy when there were big rugby matches. When it was
busy, one urinal would be used by about 25 people in four hours. He and
his manager would sometimes jump in and clean the toilets themselves.
Jacobs denied Maseko’s evidence that she had to clean all the dirty toilets. He said she was a disgruntled former employee.
Judge
Mavundla said the restaurant was obliged to guard against foreseeable
harm to the public. “One person running around to clean glasses and at
the same time clean the toilets - especially on busy rugby days - is
not adequate to eliminate the potential danger of slipping presented by
wet tiles.”
After spending a weekend with my grandchildren I
was reviewing the past years and the way I had lived my life.
Unfortunately we don’t get do-overs. While watching my grandchildren
create and explore, I wished I had the wisdom in my earlier years while
my children were young that I have now.
I spent too much time
worrying about whether my house was clean and picked up. I spent too
much time worrying about the floors being vacuumed and the dust
settling on my furniture. I spent too much time warning about not
putting muddy feet on the floor or sticky fingers on the walls. My house
was nicely decorated; at least I thought so.
At that time I
probably thought my decorating sense was tasteful. Maybe it wasn’t and I
was fooling myself and expending too much energy worrying about what
others would think when they came to my home.
I spent too much
time putting restrictions on my children about what they could or could
not do in the house. I stifled all of our creativity because of proper
housekeeping methods.
Something in me changed when I had my
grandchildren. Immediately I painted my porch bright red, yellow and
blue. I painted clouds on the ceiling, a chalkboard on the wall and
decorated the porch with clowns. It became the toy room for my
grandchildren. I made some puzzle floor tiles for part of the area that
are made out of wood, and I painted each piece. They are part of the
floor, but they also are a puzzle to play with. I let my creativity run
wild for my grandchildren and put aside caring if my house was proper
according to standards.
I took the pictures they drew and
started putting them up in my small office over the wallpaper. It is a
hodgepodge of wallpaper and pictures. I wish I had let go of my perfect
when my kids were little and let them explore their creativity more.
I
don’t have a good basement. I love my basement of stone walls and
rooms and cement floors. It is my crafting basement. I finally got it
ready for my grandchildren to let their skills fly in the basement.
Thanksgiving
weekend we spent most of the time in the basement. The kids are
painting squares and triangles on my cement floor. They are creating a
cool floor design. They took apart an old computer piece by piece to
see what makes a computer run.Our technology gives rtls
systems developers the ability. They took apart my old I-robot that no
longer runs. They set up an old train set. They sketched pictures of
themselves for my children’s book that is coming out soon. They didn’t
want to leave the basement. Video games, television and even eating
took second place to their creativity.
I had someone say to me
recently, “You used to take better care of your house. It was always
dusted and always vacuumed. Everything was always in its place. What
happened to you?”
I didn’t quite know how to answer that. It
made me feel lazy, but yet I am always busy. Then I realized I didn’t
care. It didn’t matter to me if my house was a little dusty, if my
floors once in a while had a few crumbs and that my bed wasn’t always
made or that occasionally there were a few dishes in the sink and a
craft project was sitting on a cupboard. I think a little hodgepodge
mess is who I am.
I didn’t know until I was older that I had
the creativity inside of me. Watching my grandchildren discover new
skills and interests that they never knew existed inside of themselves
was exciting.
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